contract provisions just the basics. what are contract provisions? why do you care?

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Contract Provisions Just the Basics

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Page 1: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

Contract Provisions

Just the Basics

Page 2: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

What are Contract Provisions?

Why Do You Care?

Page 3: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

What is a Contract Provision?

Legally binds someone to do something.

Page 4: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

Why Care?

Tool for ensuring follow-through on resource protection measures.

Page 5: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

Contract Provisions

Just the Basics

Page 6: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

Contract Provisions

• Non-Standard Special Provisions (NSSP) to Standard Special Provisions (SSP) Conversion

• Lessons Learned

Page 7: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

SSP Conversion

• Organized NSSPs (60 of them)

• Identified component ideas• Mapped relationships• Made logical groups

Page 8: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

SSP Conversion

• Organized NSSPs (60 of them)

• Identified component ideas• Mapped relationships• Made logical groups

Page 9: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?
Page 10: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?
Page 11: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

SSP Conversion

• Organized NSSPs (60 of them)• Identified component ideas

• Mapped relationships• Made logical groups

Page 12: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?
Page 13: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

SSP Conversion

• Organized NSSPs (60 of them)• Identified component ideas• Mapped relationships

• Made logical groups

Page 14: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

SSP Conversion

• Species Protection• Natural Resource Protection Plan• Contractor-Supplied Biologist• Biological Resource Information Program• Exclusion of Animals from Structures• Salmonid Protection• Temporary Wetland Protection• Biological Monitoring Area

Page 15: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

SSP Conversion

• Species Protection• Natural Resource Protection Plan• Contractor-Supplied Biologist• Biological Resource Information Program• Exclusion of Animals from Structures• Salmonid Protection• Temporary Wetland Protection• Biological Monitoring Area

Page 16: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

SSP Conversion

• Species Protection

• Natural Resource Protection Plan

• Contractor-Supplied Biologist• Biological Resource Information Program• Exclusion of Animals from Structures• Salmonid Protection• Temporary Wetland Protection• Biological Monitoring Area

Page 17: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

SSP Conversion

• Species Protection• Natural Resource Protection Plan

• Contractor-Supplied Biologist• Biological Resource Information Program• Exclusion of Animals from Structures• Salmonid Protection• Temporary Wetland Protection• Biological Monitoring Area

Page 18: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

Lessons Learned

• Identify Goals

• Organize

• Complete Information

• Write to the Contractor

Page 19: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

Identify Goals

• What’s the purpose?

• Limit the scope

• Don’t repeat “Desert Tortoise”

Page 20: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?
Page 21: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

Organize

• “Mind Map”

• Outline

Page 22: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?
Page 23: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

Complete Information

• Identify information gaps

• Biddable, Buildable, Enforceable– What must the Contractor do?– When must the Contractor do it?– If building something, with what materials?– Must the Contractor maintain it?– How will you pay the Contractor?

Page 24: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

Write to the Contractor

• Imperative mood

• Language a Contractor understands

• Direct, concise

Page 25: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

Conclusions

• Know your goals

• Organize your ideas

• Ensure complete information

• Write clearly

Page 26: Contract Provisions Just the Basics. What are Contract Provisions? Why Do You Care?

Thank You!

Sean Marquis

HDR Consultant to Caltrans HQ

[email protected]

(916) 653-0105