237.5 Special Provisions

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Special provisions are included in contracts as required to define work or procedures not covered in the standard specifications, and as necessary to supplement or modify items in the standard specifications. Each contract includes a table of contents for job special provisions.

237.5.1 Job Special Provisions

Job special provisions are usually prepared by the district to cover items of work unique to a specific project and not adequately explained on the plans or in the standard specifications. A simple plan note is preferred to a written job special provision. Job special provisions are used to specify types of materials rather than using notes on plans. They are not written for the sole purpose of establishing an item number. Special “99” item numbers always require a job special provision.

Considerable care is exercised in writing job special provisions. Clarity of intent is most important and must be achieved without wordy, lengthy, or overly detailed statements. Terms or phrases without a well-understood or definite meaning must be avoided. When a condition is mandatory, the word “shall” is used. If a condition is permissive or optional, the word “may” is used. Generally, the provisions state the contractor “shall” perform an action, and the commission “will” perform an action.

Job special provision and standard specification styles are similar and contains five basic parts: (1) Description, (2) Material, (3) Construction Requirements, (4) Method of Measurement and (5) Basis of Payment. Job special provisions may also supplement or modify the standard specifications, in which case a complete specification need not be prepared but only a reference to the standard specification with the necessary information supplementing or modifying the standard specification. Any portion of the standard specifications to be modified is clearly identified.

The use of trade names in job special provisions is discouraged. However, in special circumstances, the use of a proprietary item may be necessary. When it is necessary to use a proprietary or experimental item, a Public Interest Finding (refer to EPG 131.2 Proprietary Items and Public Interest Findings) and/or an Experimental Work Plan is to accompany the letter of transmittal when the contract plans are submitted.

237.5.2 Standardized Job Special Provisions

Job special provisions that are frequently used have been standardized and are available for district use. These job special provisions are designated as DSP (Design Special Provision) or MSP (Materials Special Provision). Construction and Materials is to be consulted prior to using any MSP denoted with an asterisk in the database. When using a standardized job special provision for a particular project, the special provision shall be designated by the title only on the job special provisions table of contents. The DSP or MSP number is used in the heading of the text of the job special provision.

If the district revises a standardized job special provision for a particular project, the special provision shall be designated by name only on the job special provisions table of contents and in the heading of the text of the job special provision. The DSP or MSP number must be removed from the title of the job special provision in the heading of the text. Any revisions made by district personnel to standardized job special provisions must be carefully undertaken. Central Office personnel will review these revised job special provisions for content and conformance to MoDOT standards. To assist the review process, the plans, specifications, and estimates (PS&E) submittal cover letter indicates what changes were made to the standardized job special provisions.

Central Office will insert standardized job special provisions into the proposal. Any job special provision that includes the DSP or MSP number in either the index or the title in the body is assumed to be the standardized job special provision. Central Office personnel will replace those job special provisions with the most current standard, regardless of whether the district included the body of the standardized job special provision in the proposal. Any revision made at Central Office to a district job special provision will be provided to the district for approval. Do not put “(To Be Inserted by Central Office)” next to a job special provision on the index. Central Office personnel will have to remove this wording and return the index to the transportation project manager to be re-signed and sealed. It is acceptable to put “(To Be Inserted by Central Office)” next to the job special provision title in the body.

237.5.3 Required Job Special Provisions

Some job special provisions are required in most projects. The standard specifications also can require, with certain specific items, that the contract specify material, methods or equipment. A job special provision will be required for these items. Examples of these items are as follows:

General. The first job special provision in every contract tells the contractor whether the project is to be constructed under federal or state requirements. This is a standardized provision included in all projects.

Traffic Control Plan. See Standard Specification Sec 104.7. This job special provision covers situations not covered in the standard specifications. Construction phases or stages are not included in this job special provision. All time restrictions when the contractor will not be permitted to perform construction on the roadway (i.e. A.M. and P.M. peak vehicular hours) are stated. The standardized job special provision provides an outline. This provision is included in all projects even if special situations not covered in the standard specifications do not exist.

Utilities. A special provision telling the contractor the status of any known utility adjustments is included in each contract. The standardized job special provision provides an outline.

Project Contact. A special provision is required telling the bidder who to contact at MoDOT regarding the project. Only one project contact is to be designated for the project to provide bidders with a consistent source of answers to their questions. See EPG 237.12 Communication with the Public.

Fertilizing and Seeding Mixtures. See Temporary Erosion Control and Section 800 of the standard specifications. All disturbed areas are fertilized, limed, and either seeded or sodded, except for surfaced areas, solid rock and slopes consisting primarily of broken rock.

Supplemental Revisions. This special provision contains revisions to the standard specifications that have not been implemented into the Supplemental Specification Revisions (“blue pack”). This provision is included in all projects when it contains specification revisions.

Contractor Furnished Surveying and Staking. The core team should determine when it is advantageous to include contractor furnished surveying and staking in a project. The desire to use this option should be established as early as possible in the core team process through discussions between Project Development and Operations personnel. Contractor furnished surveying and staking is necessary in all unbonded overlay projects as specified in Sec 506 and should be used in projects with earthwork in excess of 50,000 cubic yards.