CONTRACT DESIGN, ESTIMATING AND DOCUMENTATION (CDED) VOLUME 2A

Transcription

1 CONTRACT DESIGN, ESTIMATING AND DOCUMENTATION (CDED) VOLUME 2A DESIGN AND CONTRACT STANDARDS OFFICE ISSN (2-VOLUME SET) Copyright Queen s Printer for Ontario 2017 Reproduced With Permission

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3 CHAPTER E Special Provisions

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5 CHAPTER E - SPECIAL PROVISIONS TABLE OF CONTENTS CHAPTER E - TABLE OF CONTENTS E0-1 CHAPTER E - TABLE OF CONTENTS E0-2 CHAPTER E - INTRODUCTION E1-0 SPECIAL PROVISIONS 1.1 General 1.2 Functions of a Special Provision 1.3 Types of Special Provisions E2-0 WRITING GUIDELINES FOR SPECIAL PROVISIONS 2.1 Introduction 2.2 Principles of Writing Special Provisions 2.3 Special Provision Formatting 2.4 Special Provision Style 2.5 Attachments E2AP1 Appendix 1 - Formatting Guidelines E2AP2 Appendix 2 - Special Provision Examples E2AP3 Appendix 3 - Standard Statements for Amendments to OPS Specifications E3-0 HARD COPIES OF STANDARD SPECIAL PROVISIONS E3-1 LIST OF ACTIVE STANDARD SPECIAL PROVISIONS August 2015 Page 1 of 1 E0-1

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7 CHAPTER E - SPECIAL PROVISIONS INTRODUCTION CHAPTER E - INTRODUCTION Chapter 'E' of the CDED Manual provides a basis for the use of Ministry's standard and non-standard special provisions. The work of a contract is controlled by the following components, which are listed in the order of precedence as follows: (MTO General Conditions of Contract, GC2.02). It should be noted that both SSPs and NSSPs are included under 3) Special Provisions and carry equal weight (i.e. one does not carry more importance than the other) in the order of precedence. 1) Agreement 2) Addenda 3) Special Provisions 4) Contract Drawings 5) Standard Specifications 6) Standard Drawings 7) Tender 8) MTO General Conditions 9) Working Drawings The Design and Contract Standards Office is responsible for the preparation and maintenance of the CDED Manual including this section of Chapter E. This chapter provides background, application instruction, contract submission requirements and writing guidelines for standard special provisions and non-standard special provisions. Should you have any questions, comments or suggestions, please contact: Design and Contract Standards Office Ministry of Transportation of Ontario 301 St. Paul Street, St. Catharines, Ontario L2R 7R4 (905) August 2015 Page 1 of 1 E0-2

8 CHAPTER E - SPECIAL PROVISIONS GENERAL, FUNCTION, TYPE E1.0 SPECIAL PROVISIONS Reference Documents The following documents are referenced in this chapter and can be found at the location specified. Document Title Location of Document OPSS.PROV 100, MTO General Conditions of Contract CPS - OPSS 0100 Directive QST-C-13 - Implementation of Revisions to Standards, Procedures and Policies that Affect the Preparation of the Capital CPS - Directives Q-C013 Construction Contract Package Highway Design Bulletin Management of New: Non- Standard Tender Items, Non-Standard Special Provisions and CPS News - Item Modified Standard Special Provisions 1.1 GENERAL The term "Special Provision (SP)" as defined by the MTO General Conditions of Contract means special directions within the Contract Documents containing requirements particular to the Work. Special provisions typically cover requirements in the contract that are not covered by standard specifications. They form a part of the Contract Documents and as such are considered legal documents. In preparation of the contract documents, the designer considers SPs from two types, Standard Special Provisions (SSPs) and Non-standard Special Provisions (NSSPs). Standard special provisions and NSSPs are further categorized into General and Item-specific SPs. The diagram on the following page illustrates the relationship between the different types of special provisions and highlights some of their differences. May 2011 Page 1 of 7 E1-0

9 CHAPTER E - SPECIAL PROVISIONS GENERAL, FUNCTION, TYPE SPECIAL PROVISIONS - Provide Information to Contractors - Amend Ontario Provincial Standard Specifications (OPSS) - Document new construction/material requirements SSPs - Head Office custodianship - Numbered and dated - Includes Standard (S), Fill-in (F) and Modified (M) variations NSSPs - Includes Head Office and Regional NSSPs - Not numbered or dated General - applies to a number of tender items or the contract as a whole - contain amendments to Division 100 OPSSs - reside in the series of SSPs Item Specific - applies to a specific standard tender item(s) - found in the series of SSPs - identifiable by tender item name - noted on the Contract Tender List with and SP General - applies to a number of tender items or the contract as a whole - Typically are Operational / Environmental Constraints or Notice to Contractors. Item Specific - Typically applies to specific non-standard tender item(s) How SPs Fit within the Contract Documents Special provisions fit within a contract according to the order of precedence specified in OPSS.PROV 100, General Conditions of Contract. All SPs within a contract carry equal weight. If a conflict occurs between different SPs within a contract, the following condition taken from the General Conditions applies: Later dates shall govern within each of the above categories of documents Implementation of Special Provisions The implementation of SSPs for use in Ministry construction contracts is governed by Directive QST-C-13 and is the responsibility of the Design and Contract Standards Office (DCSO), Highway Standards Branch. Prior to implementation, DCSO performs and coordinates reviews of all SSPs submitted for implementation to promote compliance with MTO policies/procedures and ensure consistency by setting the style, format and typical wording. DCSO is also responsible for assigning numbers to SSPs. The implementation of NSSPs for use in Ministry construction contracts is primarily the responsibility of the NSSP developer. Non-standard special provisions are inserted into contracts by the designer in consultation with the regional Contract Review Officer. May 2011 Page 2 of 7 E1-0

10 CHAPTER E - SPECIAL PROVISIONS GENERAL, FUNCTION, TYPE 1.2 FUNCTIONS OF A SPECIAL PROVISION Most work projects contain requirements not covered in the Ontario Provincial Standard Specifications. To cover these situations, SPs may be inserted in the contract. When OPS specifications are updated, SSPs are reviewed for incorporation in the applicable specification as appropriate. The functions of SPs can be divided into the following areas: a) Provide Information to Contractors (Notice to Contractor/Operational Constraints) A Notice to Contractor (NC) provides information directly to the contractor and typically does not influence costs. Caution should be exercised to ensure that the contractor is not directed to perform any work through an NC. Notice to Contractor SPs should not be used to convey information necessary for bidders to prepare their tender submission. This type of information should be inserted in the Instructions to Bidders in consultation with the Contract Tendering Section, Contract Management and Operations Branch. An Operational Constraint (OC) is used where constraints have to be placed on the Contractor, for example, in areas of high traffic volume, environmental sensitivity or dense population. An OC is not item-specific and does not require a payment statement. An OC affects the work in general (e.g. timing, duration, start/end dates, methods allowed/not allowed) and may cause the contractor to incur additional costs on a number of tender items. Costs resulting from these constraints are generally not applicable to any one tender item and are accounted for as per the MTO General Conditions of Contract. Since OCs may increase the cost of a contract, their impact on the contract should be carefully reviewed. Caution should be exercised to ensure that the contractor is not directed to perform any work through an OC. b) Amend Standard Specifications The most common function of SPs is to amend standard specifications. Amendments to standard specifications can be item specific or general in nature and can only be applied to standard specifications that are currently active in CPS and applicable to the contract. The following are types of amendments often required in the contract: To "extend" a specification to include additional work or requirements. For example, adding the work of adjusting a catch basin to the SUPERPAVE item when only one adjustment is required in a long paving project. A separate tender item for such a small amount of work could result in high bids. To delete a standard specification requirement. If work is to be deleted from the "Construction" Section of a specification, it may also be necessary to delete any reference to that work in the "Basis of Payment" section. May 2011 Page 3 of 7 E1-0

11 CHAPTER E - SPECIAL PROVISIONS GENERAL, FUNCTION, TYPE To alter standard specification construction requirements. To alter material requirements. The standard materials required for a given type of work may not be adequate in a specific area. c) New Construction Requirements. Special provisions are also used to document the use of new construction / material requirements not covered by standard specifications. Stand alone SPs or SPs amending Standard Specifications should: i) Provide the Contractor with a definite basis for preparing a bid. ii) Inform all representatives of the Owner of the work the Contractor is obligated to do, without providing directions to the Owner s representatives. Owners typically provide directions to their own staff by other means (e.g. Contract Administration Agreement). iii) Describe equipment and contractual procedures. iv) State the basis for acceptance or rejection of the completed work, including sampling and testing methods. v) When applicable, provide rules for decisions on matters referred to the Contract Administrator. 1.3 TYPES OF SPECIAL PROVISIONS STANDARD SPECIAL PROVISIONS (SSPs) All SSPs are prepared by Provincial Functional Offices (PFO s) and are written to be used consistently throughout the province on all construction contracts according to their warrants. WARRANTS and NOTES TO DESIGNERS (when needed) are only found at the bottom of SSPs stored in CPS and are automatically removed when the contract package is generated. All SSP warrants must be followed by designers unless otherwise authorized by written permission from the applicable PFO. Upon completion, SSPs are submitted to the Design and Contract Standards Office (DCSO) for implementation in CPS, electronic publishing on the Ministry s website and hardcopy publishing in section E3.0 of this chapter. Provincial Functional Offices are responsible for the technical content of all SSPs. All SSPs are referenced by a six-character number found it its title block. Three digits are followed by an S or F, followed by 2 more digits which are used to identify the individual SSP. Under special circumstances an M maybe found after the last 2 digits. The following briefly describes 3 May 2011 Page 4 of 7 E1-0

12 CHAPTER E - SPECIAL PROVISIONS GENERAL, FUNCTION, TYPE variations of SSPs identified by the alpha-character found in its code. Standard special provisions characterized as general or item specific may comprise of all 3 variations. a) SSPs with an S - Standard SSPs An SSP with an S in its code indicates that it is complete as written and no additional information needs to be added. The text of these SSPs is not included in the contract documents however the codes of all applicable SSPs to the contract are listed in section D & F of the Schedule of Provisions, Contract Plans, Standard Drawings, Specifications and General Conditions. b) SSPs with an F - Fill-in SSPs An SSP designated with and F in its code is commonly called a fill-in SP. This is an SSP that requires project-specific information to be added by the designer. NOTES TO DESIGNER found at the end of the SSP describes the information required and/or the criteria to be used when inserting text and/or optional clauses. The main body, intent and warrant of a fillin SSP does not change, only the project-specific information. All fill-in SSPs must be included with the submission of the contract package. c) SSPs with an M - Modified SSPs As a general rule modification of SSPs is discouraged but when minor variations are required for an SSP to meet project-specific needs, an SSP may be modified. Modified SSPs are identified in Contracts with the letter M (and a version date for tracking purposes in brackets if desired) at the end of the six-character SSP number. The active version date of the SSP that is modified is to remain unchanged in the title block. An SSP designated with an M in its code is commonly called a modified SP. Modifications may be applied to both standard and fill-in SSPs. Like fill-in SSPs, the full text of a modified SSP is required to be included with the submission of the Contract package. Modified SSPs are subject to applicable requirements of NSSPs, including compliance with Highway Design Bulletin Frequently used modified SSPs are stored in CPS within the regional NSSP directories however they must be inserted in contracts as a modified SSP and not an NSSP. May 2011 Page 5 of 7 E1-0

13 CHAPTER E - SPECIAL PROVISIONS GENERAL, FUNCTION, TYPE The following table summarizes the number coding for SSPs: SSP Series Example Function of SSP F02 Amends MTO General Conditions of Contract S18 Amends all other 100 Series standard specifications S52 Contain general amendment(s) to OPS construction specifications in the 200 to 900 series. The third digit of this coding corresponds to the first digit of the applicable construction specification number. 110 to S09 Contain general amendment(s) to OPS material specifications in the 1000 to 2500 series. The second and third digits of the code correspond to the first two digits of the applicable material specification number F10 Specify general contract requirements for Electrical / Advanced Traffic Management Systems (ATMS) functions S48 Specify general contract requirements not covered in any standard specification S05 Amend the related OPS construction specifications as determined by the first 3 digits of the code and are specific to an item or group of items. When the 2 nd and 3 rd numerical digits are 99, the SSP does not amend an OPS construction specification (because one does not exist) and therefore in effect acts as one as a stand-alone SSP NON-STANDARD SPECIAL PROVISIONS (NSSPs) Non-standard special provisions are prepared by a Provincial Functional Office, Regional program delivery unit or Design Consultant for use in a specific project and are included in contracts as determined by the design team. As with standard special provisions, NSSPs may be general or item specific. NSSPs are not numbered however they are coded when inserted in CPS. Procedures for managing new NSSPs are detailed in Highway Design Bulletin and must be followed. a) Provincial Functional Office (PFO) NSSPs An NSSP developed by a PFO is typically a stand-alone SP and is applied usually to existing tender item(s) or new non-standard tender item(s). They are typically used on one or more contracts across the province to introduce new methods, materials, procedures or contract models on a trial or experimental basis. NSSPs developed by PFOs may be added to CPS when May 2011 Page 6 of 7 E1-0

14 CHAPTER E - SPECIAL PROVISIONS GENERAL, FUNCTION, TYPE consistency in application over an extended period of time is desired. An NSSP may then be promoted to an SSP on the recommendation of the PFO after experience has been gained and the concepts further developed and refined. b) Regional NSSPs A regional NSSP is typically created within a regional program delivery unit to be used in one or more contracts. These are used to convey project/item specific information for aspects of the Work that cannot easily fit into the contract documents. These NSSP s can be a Notice to Contractor, an Operation Constraint or item specific in nature. Regional NSSPs found in the CPS Reference list are tried, successful and frequently used in contracts for that region. These NSSPs have been approved by the region or through the process identified in Highway Design Bulletin and may also be considered to be promoted to an SSP in the future. Efforts are being made to eliminate or convert NSSPs to SSPs, as appropriate. Regional NSSPs found in CPS may be used by any region at any time however they must be used consistently and under similar circumstances. Where a unique design requirement exists in a project that is not covered by any existing documentation, a project specific NSSP can be introduced to address the situation. Since project specific NSSPs typically apply to one project only, they are not stored in CPS and therefore need to be submitted to the regional Contract Review Officer for review. Duplication of regional NSSPs with similar content is discouraged. Writers of NSSPs are encouraged to conduct a search of CPS for SP s of similar content before writing any new NSSP s. It is preferable to use existing regional NSSPs as opposed to creating new NSSPs. Provincial Functional Offices should be aware of regional NSSPs that are applicable to their subject areas. New requirements specified in regional NSSPs should be discussed with the appropriate Provincial Functional Office(s). The PFOs, in consultation with others, may then establish whether the subject requirements are appropriate for use on a province-wide basis. If appropriate, the requirements of the subject regional NSSP may be developed into a SSP and eventually into a Standard Specification. Highway Design Bulletin is intended in part to help reduce the proliferation of regional NSSPs. May 2011 Page 7 of 7 E1-0

15 CHAPTER E -SPECIAL PROVISIONS WRITING GUIDELINES FOR SPECIAL PROVISIONS E2.0 WRITING GUIDELINES for SPECIAL PROVISIONS (SPs) 2.1 INTRODUCTION These guidelines have been prepared to assist individuals involved in the development of SPs used in MTO construction contracts and are to provide developers of SSPs and NSSPs with a tool to assist them in producing consistent, uniform, quality SPs. As Ontario Provincial Standard specifications serves as the main body of contract documents used in Ministry contracts, these guidelines have been prepared in conjunction with the Ontario Provincial Standards Style, Format, and How to Guide - Section 2 to produce a comprehensive body of contract documentation that is consistent in style, format and appearance where deemed necessary. It should be noted that some differences (i.e., font style) have been purposely selected to indicate an obvious difference in document ownership Reference Documents The following documents are referenced in this chapter and can be found at the location specified. Document Title Location of Document Ontario Provincial Standards Style, Format, and How To Guide CPS News - Item Section 2 Revised Formatting Guidelines for Special Provisions CPS News - Item Cancelled - June 2, 2011 Operational Constraints and Notice to Contractors in Contract CPS News - Item Packages 2.2 PRINCIPLES OF WRITING SPECIAL PROVISIONS Special provisions are typically written to cover requirements in a contract that are not covered by standard specifications. When writing SPs, they should be written to provide the Contractor with the Owner s requirements such as how payment will be made, what materials are to be used and any special directions particular to the work. Special provisions therefore need to: be complete and concise contain all pertinent information necessary for construction or production adhere to the principles listed below as well as those listed in the Ontario Provincial Standards Style, Format, and How To Guide - Section 2. May 2011 Page 1 of 11 E2-0

16 CHAPTER E -SPECIAL PROVISIONS WRITING GUIDELINES FOR SPECIAL PROVISIONS Modifying other Special Provisions Special provisions cannot amend other SPs. An amendment to an SP by another SP may lead to confusion as all special provisions carry equal weight according to the order of precedence of Contract Documents Relationship to a Standard Specification Whenever possible, SPs should relate to (i.e. amend) a standard specification. It is important for all developers of SPs to read all related specifications and the MTO General Conditions of Contract (GCs) to ensure that information contained in the specification and GCs is not restated in the SP Referencing a) Rather than copying information from other published sources, a reference should be made to the source where the applicable information can be found. b) OPSSs may be referenced in SPs to avoid repeating information already contained in a standard specification. Individuals developing SPs should ensure that the referencing of OPS specification is complete, accurate, and suits the purpose for which the reference is intended. c) References to sections, subsections, and clauses in OPSSs should be made to the title and not to the number of the section/subsection/clause being referenced. This is to avoid any conflicts should the number be changed as part of a future OPSS update. d) Unlike standard tender items, CPS does not link non-standard tender items directly to OPS specifications. Therefore, when an OPSS is used as the primary document in an NSSP for a nonstandard tender item, an amendment to the OPSS Scope statement should be included stating the specification also covers the requirements for the item. Amendments to any other sections of the OPSS can then also be included. e) Special provisions should not contain references to other SPs or standard drawings (i.e., OPSDs, MTODs and SSDs) as this sort of referencing can lead to errors and misinformation if an SSP/drawing is cancelled or a new SSP/drawing is developed. f) Reference should not be made within an SP to any OPSS appendices as the Ministry does not use them. If for any reason information from an OPS appendix is needed, the information should be copied from the appendix to an SP as an amendment to the standard specification Notice to Contractor / Operational Constraint Special Provisions These types of SPs are to be prepared as individual, topic specific documents and are to be formatted as specified in Operational Constraints and Notice to Contractors in Contract Packages. May 2011 Page 2 of 11 E2-0

17 CHAPTER E -SPECIAL PROVISIONS WRITING GUIDELINES FOR SPECIAL PROVISIONS 2.3 SPECIAL PROVISION FORMATTING General a) Where practical, all SPs should follow the Ontario Provincial Standard 10-section format for construction specifications and the 9-section format for material specifications. General special provisions (i.e., those in the 199 series of SSPs) do not typically use these divisions as they seldom deal with information that can be categorized into the same sections as construction or material specifications. If however they can be categorized as such, then normal OPS section and the like titles should be used. In cases where a new requirement is of a less complicated nature, a one paragraph format may be employed combining Measurement for Payment and Basis of Payment along with reference to the work required as detailed elsewhere in the Contract Documents (ex. contract drawings). b) Measurement for Payment and Basis of Payment clauses are required in all NSSPs that control a contract item not governed by a standard specification. c) Special provisions are developed in MS Word for insertion into CPS. All SSPs are then revised with the removal of any Notes to Designer and Warrant information and then converted into a PDF document for posting on the Internet and publishing in hard copy. d) To minimize formatting efforts, revisions to existing SSPs should be made to the Active versions of the SSP currently found in CPS. e) For assistance in the creation of new SPs, please refer to the Appendix Computer Software All SPs are to be written and/or revised using Microsoft Word 2003 and must be saved in.xml format for insertion in CPS. Special provisions developed using any other word processing software will not be accepted Formatting Guidelines General formatting guidelines for SPs including page and style setup, tips for minimizing document cleanup and a formatting quick reference guide are found in Appendix 1. All steps in this appendix replace those found in CPS News Item Revised Formatting Guidelines for Special Provisions and should be followed. The following provides additional formatting guidelines for selected components of SPs. May 2011 Page 3 of 11 E2-0

18 CHAPTER E -SPECIAL PROVISIONS WRITING GUIDELINES FOR SPECIAL PROVISIONS Header / Footer All SSPs shall have a footer in the format as shown in the SSP examples found in Appendix 2. Footers are not required for NSSPs but may be used for administrative purposes to record the version date and CPS NSSP code Title Block The title block in an SP typically consists of one of the following titles and a 2-line table as shown in the examples in Appendix 2. i. Item(s) - all listed at top of SP. ii. AMENDMENT TO MTO GENERAL CONDITIONS OF CONTRACT, Month Year iii. AMENDMENT TO OPSS NNN, Month Year iv. OPERATIONAL CONSTRAINT (ENVIRONMENTAL) - Control of Emissions v. NOTICE TO CONTRACTOR - Removal of Canadian TODS Signing Title Block Format: a) The title shall be all uppercase, bold and underlined with the following exceptions. For item specific SPs Item No. is bold but not upper case or underlined. b) There is only one blank line between the SP title and the table below c) The format of the 2-line table as shown in the examples shall be as follows: i. The table has an upper and a lower border only. ii. First line in table is blank. iii. Second line is lower case with no bold or underlined font and shall not contain any additional words such as Modified or Draft. iv. Non-standard SPs are not to be numbered or dated. If issuing offices wish to date NSSPs it is recommended that the dates be included the footer. The word Non-standard is not to be included in the title block before Special Provision. d) There is one blank line between the lower border of the table and the first line of the body of the SP. e) A subtitle in bold font pertaining to the specific content of the SP may be included immediately following the blank line below the border of the title block Body of Special Provision Section, Subsection & Clause Numbering The body of the SP contains sections, subsections, clauses, paragraphs and a warrant. Sections, subsections and clauses in most cases are to be defined by a number and a title. May 2011 Page 4 of 11 E2-0

19 CHAPTER E -SPECIAL PROVISIONS WRITING GUIDELINES FOR SPECIAL PROVISIONS Sections are not limited in the number of subsections they contain, but the subsection is limited to three levels of clauses. Special provisions should mirror the applicable OPS section format when being written. The following examples illustrate the numbering outline of one section of a special provision that a) amends a standard specification and b) one that does not amend a standard specification (i.e. N99 series of SPs or a standalone NSSP) a) Amends OPSS NNN.07 NNN NNN NNN NNN NNN TITLE OF SECTION Title of Subsection Title of 1 st Level Clause Title of 2 nd Level Clause Title of 3 rd Level Clause Title of 3 rd Level Clause When an SSP or NSSP amends an OPSS, the OPSS number as represented by NNN above, must be used to precede the section number. b) Does Not Amend OPSS 7.0 TITLE OF SECTION 7.01 Title of Subsection Title of 1 st Level Clause Title of 2 nd Level Clause Title of 3 rd Level Clause Title of 3 rd Level Clause NSSPs that do not amend an OPSS and have a total of 4 or more content containing, titled sections, subsections or clauses are to be numbered according to the above format. Sections that are not required should be included with their respective section title followed by - Not Used Section, subsection or clause numbering is not required for NSSPs containing fewer than 4 titled sections, subsections or clauses SP Body Format: a) Section, subsection and clause numbering are not to contain custom numeric auto bullets. All numbers, letters and roman numerals are to be typed in manually when needed. Unnumbered, generic bullets may be used to introduce a line or item in a list. b) Section, subsection and clause numbering to be located at the left margin. May 2011 Page 5 of 11 E2-0

20 CHAPTER E -SPECIAL PROVISIONS WRITING GUIDELINES FOR SPECIAL PROVISIONS c) Section, subsection and clause titles to be located 1.5 from left margin. d) Section titles are UPPERCASE and bold. Subsection and clause titles are to be lowercase and bold. e) Standard wording for amending/replacing/deleting statements is found in Appendix 3 and is to be used for consistency. f) Lower case letters with a single closing parenthesis (i.e., a)) are to be used for major partitions within a clause or a subsection that does not contain clauses. The major partition letter is positioned flush with the left margin while the text is indented to Major partitions normally do not have a title. If a major partition has a title, it is in title case but not bolded. g) Lower case Roman numerals with a period after the numeral (i.e., i.) are to be used for subdividing major partitions. The Roman numeral is indented to 0.25 from the margin while its text is indented to h) Avoid the use of bold font in all SPs except where specified in this document. i) Avoid the use of lines drawn to separate sections, tables etc. The use of Enter is preferred. j) If section, subsection or clause heading falls at the bottom of a page with accompanying text located on the next page, do not adjust by using Enter or page/section breaks. k) All tables, attachments etc. that form part of the SP must be inserted above the NOTES TO DESIGNER or WARRANT Other Formatting Preferences For consistency, the following OPS preferences as specified in the Ontario Provincial Standards Style, Format, and How To Guide - Section 2 should be followed when writing SPs: a) Use of Symbols b) Spelling c) Grammar, English Usage and Punctuation d) OPS Preferences e) Standard Words and Phrases (Attachment 2-A) f) Standard Format, Wording and Phrases (Attachment 2-B) g) Discussion on Some of the Words and Phrases Used in OPS Specifications (Attachment 2-C) h) Discussion on Some of the Words and Phrases Not To Be Used in OPS Specifications (Attachment 2-D) Where a conflict exists, the direction provided in this document will govern. May 2011 Page 6 of 11 E2-0

21 CHAPTER E -SPECIAL PROVISIONS WRITING GUIDELINES FOR SPECIAL PROVISIONS 2.4 SPECIAL PROVISION STYLE General a) Words that are defined in the MTO General Conditions of Contract are capitalized within SPs if the meaning of the word in the SP is exactly the same as the meaning in the General Conditions. b) Direct references to the following are not to be made in SPs. i. MTO General Conditions of Contract References are not required to the GCs as it is understood that the requirements set out in the GCs apply to the contract as part of the contract documents. ii. OPS General Specifications (i.e., 100 series) All implemented general specifications are included in the Contract Documents by default. When a reference to an OPS general specification is necessary, the phrase as specified in the Contract Documents is shown in the appropriate place in the body of the OPSS (e.g., Management of excess material shall be as specified in the Contract Documents) Explanation of Specification Sections used by OPS Explanations of the technical information and formatting requirements within the sections of both the construction and material specifications can be found in section of the Ontario Provincial Standards Style, Format, and How To Guide - Section 2. These are to be followed by developers writing SPs. Listed below are exceptions and/or additional requirements to the OPS principles which also need to be followed when writing SPs Table of Contents Table of Contents are not required for: a) Special provisions that amend, or delete and replace existing OPS specifications. b) Item specific SSP s not associated with an existing OPSS (i.e., an X99 SSP) and 3 pages or less in length. c) All NSSPs A limited table of contents is placed at the front of each item specific SSP that is not associated with an existing OPSS (i.e., an X99 SSP) and exceeds 3 pages in length. OPS Table of Content formatting is to be followed in these instances Section 1, Scope May 2011 Page 7 of 11 E2-0

22 CHAPTER E -SPECIAL PROVISIONS WRITING GUIDELINES FOR SPECIAL PROVISIONS The two subsections: Specification Significance and Use and Appendices Significance and Use are not applicable to special provisions and are not required Section 2, References When referencing OPS specifications in SPs, distinction between the 3 types of OPSSs (MUNI, PROV, and COMM) is not required. a) Format The year of issue or version number for each document is shown in this section except in the case of OPS specifications where version dates are not to be shown. The dates of referenced OPS specifications are shown in Section G of the Schedule of Provisions, Contract Plans, Standard Drawings, Specifications and General Conditions in the Contract Documents. Canadian Standards Association has a new name. The new name; CSA Standards is to be used in the reference section. There is no space in CSA designations (e.g., W59-03 and CSA W59). b) Referencing OPS Specifications within another OPS Specification When construction requirements in an OPS construction specification are being referenced in a special provision, the reference to the construction specification is always made in Section 7, Construction. This reference invokes the entire referenced OPS construction specification unless otherwise stated (i.e. only a specific part of the specification applies) c) MTO s Designated Source for Materials (DSM) When a reference to products found in the Ministry s DSM list is necessary, the DSM is to be referenced in Section 2, References under Ontario Ministry of Transportation Publications and in the body of the SP. Reference is to be made to the product as shown in the DSM listing title and not to the DSM listing number Section 3, Definitions a) Format Words defined in the Definitions sections of an SP are not to be capitalized in the body of the document. Only words defined in the MTO General Conditions of Contract are to be capitalized in the body of an SP Section 5, Materials A minor amendment to a material specification may be made through the Material section of a construction specification in an SP by using the following phrase shall be according to OPSS NNN amended as follows: Section 9, Measurement for Payment or Owner Purchase of Material May 2011 Page 8 of 11 E2-0

23 CHAPTER E -SPECIAL PROVISIONS WRITING GUIDELINES FOR SPECIAL PROVISIONS a) Measurement for Payment in Construction Specifications In OPS specifications this section is divided into only two subsections: Actual Measurement (field measurement) and Plan Quantity Measurement (quantity shown in the contract). When writing a special provision, only the applicable subsection needs to be included. b) Format The standard plan quantity measurement statement is Measurement of (insert item) shall be by Plan Quantity by (insert unit of measure as appropriate). This statement is always in the plural form (i.e., units and clauses). There is no need to refer to plan quantity adjustment since it is covered by the MTO General Conditions of Contract Section 10, Basis of Payment a) Format Clarify whether payment shall be or shall include full compensation. If the work detailed in the special provision is a small segment of a major operation, use shall include full compensation for the small segment, for example: payment for adjusting one catch basin frame and grate as part of the Hot Mix Paving work. If the work detailed in the special provision is the only work under the subject tender item, then payment for that item shall be full compensation for the work. Basis of payment statements indicating any work that is to be paid as Extra Work should be avoided as this practice places the onus on the Contract Administrator to negotiate during construction. Basis of Payment clauses (and Measurement for Payment when applicable) are to appear in all documents (NSSPs and SSPs that act a specification in their entirety) that control a contract item not governed by a standard specification Forms All new forms that are developed within MTO for use with an SSP are to be submitted to the Contract Management Office for numbering and posting on the RAQS website. Forms are to be referenced in SPs but should not be included the SP except only under special circumstances. All forms are to be referenced by a PH-CC-### number. Forms may be used in NSSPs under special circumstances upon approval of the Contract Management Office, Construction Contracts section Warrants Warrants are used by designers to select SSPs applicable to the contract. Warrants are required for all SSPs and are to be inserted at the end of the SSP in the format illustrated in Appendix 2. In order to provide consistent spacing between SSP s in the contract documents, the following spacing guidelines must be followed: May 2011 Page 9 of 11 E2-0

24 CHAPTER E -SPECIAL PROVISIONS WRITING GUIDELINES FOR SPECIAL PROVISIONS a) WARRANT is to be located 4 lines below the last line of the SP (i.e., hit Enter 5 times from the end of the last line of text). b) At the end of the last line in the WARRANT hit Enter 1 time. Warrants are automatically removed from SSPs (but not NSSPs) by CPS when the contract package is generated. The designer shall ensure that Warrant information is not contained in the advertised contract package Designer Fill-ins / Notes to Designer When information is required to be added to a fill-in SSP, it is to be identified in the body of the SSP by one or more asterisks (*) followed by the words Designer Fill-in - See Notes to Designer. Notes to Designer are to be used only to provide information to designers to assist them with the completion of the fill-in portion of the SSP. It is not appropriate to include design related information in the Notes to Designer. All design related information is to be contained in the corresponding CDED Chapter B section. When required, NOTES TO DESIGNER is/are to be inserted immediately above the WARRANT according to the Warrant spacing guidelines above; always plural and in the format illustrated in SSP308F01 found in Appendix 2. Like the Warrant information, Notes to Designer are automatically removed from SSPs (but not NSSPs) by CPS when the contract is generated. The designer shall also ensure that Notes to Designer information is not contained in the advertised contract package. May 2011 Page 10 of 11 E2-0

25 CHAPTER E -SPECIAL PROVISIONS WRITING GUIDELINES FOR SPECIAL PROVISIONS APPENDICES Appendix 1 - Formatting Guidelines Appendix 2 - Special Provision Examples Appendix 3 - Standard Statements for Amendments to OPS Specifications May 2011 Page 11 of 11 E2-0

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27 CHAPTER E WRITING GUIDELINES FOR SPECIAL PROVISIONS APPENDIX 1 - FORMATTING GUIDELINES A1.0 Introduction In order for the final tender document to be generated from CPS with a consistent, professional appearance, all SSPs and NSSPs must be formatted according to the following instructions and saved in.xml format using Microsoft Word 2003 before being added to the CPS file. Failure to follow these instructions can result in errors in the final tender document such as unreadable symbols and incorrect numbering, failure to generate the contract package and/or the crashing of CPS. A Quick Reference Guide is provided at the end of this appendix. A2.0 Formatting Documents Step 1 Save Document in.xml Format Using Microsoft Word 2003 Under File, click Save As, and use the pull-down menu to select XML Document (*.xml) for Save as type:. May Section E2 - Appendix 1

28 CHAPTER E WRITING GUIDELINES FOR SPECIAL PROVISIONS Step 2 Check Page Setup Under File, click Page Setup and ensure the Margins, Paper, and Layout settings are as displayed below: May Section E2 - Appendix 1

29 CHAPTER E WRITING GUIDELINES FOR SPECIAL PROVISIONS Step 3 Set AutoCorrect Options Automatic bullet and number list features must be disabled as these features produce errors in the final tender document generated by CPS. For example, if not disabled a), b), c) bullets could appear as d), e), f) in the final document. Under Tools, click AutoCorrect Options and ensure the AutoCorrect settings are as displayed below: May Section E2 - Appendix 1

30 CHAPTER E WRITING GUIDELINES FOR SPECIAL PROVISIONS Step 4 Check Normal Styles The setting of the document style to Normal as instructed below will ensure the correct formatting is locked into the document and will help eliminate problems when running the final contract package. To display the Styles and Formatting task pane; under Format, click Styles and Formatting; the task pane bar will appear to the right of the screen. In the lower right hand corner of the task pane bar, select Show, then select Formatting in use from the pull-down menu. To check the settings of the Normal style, place the cursor over the word Normal in the Styles and Formatting task pane bar. The Normal style should display in a pop-up window and consist of Normal: Font: (Default) Times New Roman, 11 pt, English (Canada), Justified, Line spacing: single, Widow/Orphan control. If the Normal style is not exactly as shown above, complete Step 5 below, to modify it. May Section E2 - Appendix 1

31 CHAPTER E WRITING GUIDELINES FOR SPECIAL PROVISIONS Step 5 Modify the Normal Style To Modify, place the cursor over Normal, click the down arrow and select Modify from the pull-down menu then click Format from the Modify Style window and ensure the Font, Paragraph, Tab and Language settings are as displayed below: Set the Font and Character Spacing as displayed below: May Section E2 - Appendix 1

32 CHAPTER E WRITING GUIDELINES FOR SPECIAL PROVISIONS Set the Paragraph / Indents and Spacing, and Line and Page Breaks as displayed below: Set the Tabs, and Language as displayed below: May Section E2 - Appendix 1

33 CHAPTER E WRITING GUIDELINES FOR SPECIAL PROVISIONS Step 6 Enable True Type Fonts The Embed True Type fonts feature stores the fonts used in the document with the file so that others who open the document will be able to view and print it with the fonts used to create it, even if those fonts are not installed on their computers. Under Tools, Options, Save ensure the Embed True Type fonts checkbox is enabled as shown below: Step 7 Display Hidden Text Ensure all changes and revisions that have been made to the document are displayed. Under Tools, Options, View, ensure the Hidden text checkbox is enabled as displayed below: May Section E2 - Appendix 1

34 CHAPTER E WRITING GUIDELINES FOR SPECIAL PROVISIONS Special provisions inserted in contract packages must be free of all Track Changes revisions and any inserted editorial comments. To accomplish this, all changes in the final draft of the document must be accepted, comments deleted and Track Changes turned off. The following 2 steps provide guidance on these required actions. Step 8 Accept Changes and Delete Comments The Reviewing toolbar may be used to Accept Changes, Delete Comments and turn-off Track Changes. To access this: under View, Toolbars select Reviewing to display the Reviewing toolbar. On the Reviewing toolbar as shown below; select Final Showing Markup, then click Show and make sure that a checkmark appears next to each of the items as shown below in the pop-up window: May Section E2 - Appendix 1

35 CHAPTER E WRITING GUIDELINES FOR SPECIAL PROVISIONS Accept All Changes in Document by clicking on the Accept Change symbol on the toolbar and choosing Accept All Changes in Document in the pull-down menu. Then, Delete All Comments in Document by clicking on the Reject Change/Delete Comment symbol on the toolbar and choosing Delete All Comments in Document as in the pull-down menu. Step 9 Turn-off Track Changes Turn off the track changes feature by clicking on the Track Changes symbol on the tool bar. It is turned off when the highlighted orange box around the symbol no longer appears. Step 10 Remove Unwanted Styles and Formatting If the above steps were followed the document should be suitable for importing into CPS however a final check should be made by scrolling through the document and removing unwanted styles, formatting, autonumbers, etc. If the document has been passed back and forth and edited by others then all the above steps should be repeated to ensure that the document is still formatted correctly. Note: When editing your document, you can avoid importing unwanted styles and formatting by using the Edit, Paste Special, Unformatted Text, option when cutting and pasting text from other documents. For further assistance you may contact: Rachel Laszlo, Engineering Standards Analyst Design and Contract Standards Office, 301 St. Paul Street 2nd Floor St. Catharines ON L2R 7R4 (905) Rachel.Laszlo@ontario.ca May Section E2 - Appendix 1

36 CHAPTER E WRITING GUIDELINES FOR SPECIAL PROVISIONS FORMATTING QUICK REFERENCE GUIDE Step 1 - Save Document in XML - Save document in.xml format in Microsoft Word 2003 Step 2 - Check the Page Setup Step 3 - Set AutoCorrect Options Step 4 - Check the Normal Style Settings Step 5 - Modify the Normal Style Step 6 - Enable True Type Fonts Step 7 - Display Hidden Text Step 8 - Accept Changes and Delete Comments Step 9 - Turn-off Track Changes Step 10 - Remove Unwanted Styles and Formatting - Select File, Page Setup - Top, Bottom, Left Margins 1 - Right Margin Letter 8.5 x 11 - Headers and Footers Select Tools, Autocorrect Options - Ensure all Auto-number and Auto-bullet Features are Disabled - On the Styles and Formatting Task Pane - Show Formatting in use - Default Font is Times New Roman, 11 pt - Language is English (Canada) - Paragraphs Justified - Line Spacing Single - Widow/Orphan Control Enabled - On the Styles and Formatting Task Pane - Place Cursor Over Normal and Click on the Arrow - Modify, Format, and Adjust Settings As Necessary - Select Tools, Options, Save - Embed True Type fonts Enabled - Select Tools, Options, View - Ensure Hidden Text Enabled - On the Reviewing Toolbar display Final Showing Markup - Show Final Comments Ink Annotations Insertions & Deletions Formatting - Accept All Changes - Delete All Comments - Click on the Track Changes Symbol on the Tool Bar - It is turned off when the highlighted orange box no longer appears. - Review the Formatting of the text in the document May Section E2 - Appendix 1

37 CHAPTER E APPENDIX 2 - SP EXAMPLES APPENDIX 2 - SPECIAL PROVISION EXAMPLES The examples listed in this appendix have been selected to provide a cross-section of the main types of SPs used in Ministry contracts prepared by both Provincial Functional Offices and designers. It should be noted that the SP examples selected are for illustrative purposes and do not accurately represent any SP found in the Contract Preparation System. These examples may be found electronically in CPS under CDED Manual according to the information contained in the table below: Listing of Special Provisions Examples CPS Code E2Ap2N1 E2Ap2N2 E2Ap2N3 E2Ap2N4 E2Ap2S1 E2Ap2S2 E2Ap2S3 E2Ap2S4 SP Type / CPS Title Sample NSSP - Notice to Contractor Sample NSSP - Operational Constraint Sample NSSP - Non-Standard Tender Item Specific / Amends OPSS Sample NSSP - Non-Standard Tender Item Specific / Not Related to an OPSS Sample SSP - General / Not Related to an OPSS Sample SSP - Item Specific / Amends OPSS Sample SSP - General / Deletes and Replaces an OPSS In Its Entirety Sample SSP - Item Specific / Not Related to an OPSS August 2016 Page 1 of 1 E2Ap2

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39 NOTICE TO CONTRACTOR - Areas of Archaeological Concern and Archaeological Material Special Provision Areas of Archaeological Concern Certain lands within 200 m of the right-of-way within the Working Area have been identified as areas of archaeological concern by the Ministry of Tourism, Culture and Sport. These areas are sensitive to any land disturbance, including construction related activities such as the establishment of Contractor s yards, crushing plants, mobile asphalt plants and the storage and placement of surplus and unsuitable materials, and should be avoided. In the event that these areas cannot be avoided, the Ministry of Tourism, Culture and Sport requires an assessment of these areas by a licensed archaeologist in advance of any disturbance. Depending on the findings of the assessment: a) any sites identified as significant shall be prohibited from any land disturbance or excavated and documented to the satisfaction of the Ministry of Tourism, Culture and Sport; or b) lands with no archaeological potential shall be cleared of further archaeological concerns by Ministry of Tourism, Culture and Sport. The Ministry of Tourism, Culture and Sport, Regional Archaeology Office (Telephone: , Fax: ) may be contacted for further information on how to meet the Ministry s requirements in areas of archaeological concern. Archaeological Material During construction there is always the chance of encountering deeply buried archaeological material. If this occurs, the Ministry of Tourism, Culture and Sport shall be informed and work in the area shall stop. In addition, if unmarked human remains are encountered, the provisions of the Ontario Cemeteries Act apply. Construction activities in the area shall cease and contact should be made with the Regional Archaeology Review Officer of the Ministry of Tourism, Culture and Sport (Shari Prowse, ) and the Cemeteries Regulation Unit of the Ministry of Consumer Services ( ). WARRANT: All contracts. August 2016 Page 1 of 1 E2Ap2N1