Special Provisions for A+B Proposals

Special Provisions for A+B Proposals

Page 1 of 3

January 12, 2005

S-X  (1301) CONSIDERATION OF PROPOSALS (A + B METHOD)

The provisions of Mn/DOT 1301 are hereby modified as follows:

S-X.1  GENERAL

The process for the consideration of proposals for the award of this Project will take into account not only the Contract amount bid for construction pay items, but also the bidder’s proposed number of Calendar Days, as set forth below in Section S-X.4(b) (CONSIDERATION of BIDS) of this Special Provision, to complete all work required under this Contract, except maintenance and final cleanup.

This method, as described below, will only be used to determine the successful bidder. It will not be used to determine the award amount nor final payment to the Contractor when the Project is completed.

S-X.2  DEFINITION OF TERMS

For this Project the following definitions apply:

(A) Calendar Day – All calendar days except Sundays and legal holidays, beginning and ending at midnight.

(B) Contract Amount – The summation of the products of the quantities shown in the bid schedule multiplied by the unit bid prices.

(C)  Daily Road User Cost – The amount which represents the average daily cost of interference and inconvenience to the Road Users. The Daily Road User cost is $x,xxx.00.

(D)  Completion of Work – All work required under this Contract, except maintenance and final cleanup.

S-X.3  PREPARATION OF PROPOSAL

The bidder shall establish the number of Calendar Days to be used to complete all work required under this Contract, except maintenance work and final clean up.

The total number of days established by the bidder to complete all work under this Contract as specified shall not exceed YYYY (YY) Calendar Days. Bids showing time for completion in excess of this amount will be considered non-responsive and will be rejected.

The product of the number of Calendar Days proposed by the bidder multiplied by the Daily Road User cost of $x,xxx.00 per calendar day shall be added to the Contract amount bid. The sum will be the amount used for consideration of bids for award.

S-X.4  CONSIDERATION OF BIDS

Each bid submitted shall consist of two parts:

(a) The Contract amount of bid items (not including Item 2016.621 (Contract Time)).

(b) Bid Item 2016.621 (Contract Time): Total number of Calendar Days proposed by the bidder to complete all work required under this Contract as specified in Section S-X.1 (General) of this Special Provision. (The Schedule of Prices includes a Proposal Site page. The Contractor shall enter the number of Calendar Days bid in the "# of Days" column).

The successful bid will then be determined by the Department as the lowest combination of (a) and (b) according to the following formula:

(a)+ [(b) x (RUC)] = bid amount for award consideration

Where RUC = Road User Cost

The preceding formula shall be used only to determine the successful bidder and shall not be used to determine the Contract award amount nor final payment to the Contractor when the Project is completed. Only the unit prices shall be used to determine final payment to the Contractor, except as may be adjusted under Section S-X.5 (DISINCENTIVE) AND S-X.6 (INCENTIVE) of this Special Provision.

S-X.5  DISINCENTIVE

Failure to complete the work required under this Contract, as indicated in Section S-X.1 (General) of this Special Provision within the established number of Calendar Days stated by the Contractor in Section S-X.4 of this Special Provisions will result in a disincentive of $XXXX being assessed on a Calendar Day basis for each day the work remain uncompleted after the expiration of the work days established by the Contractor.

The following is to be used only on projects with incentives

S-X.6  INCENTIVE

The Contractor will be paid $XXXX for each Calendar Day the work required under this Contract, as indicated in Section S-X.1 (General) of this Special Provision within the established number of Calendar Days stated by the Contractor in Section S-X.4 of this Special Provisions. The total number of Calendar Days for incentive payment will not exceed (XXX) days.

S-Y  (1806) DETERMINATION AND EXTENSION OF CONTRACT TIME

If using A+B, the following provisions needs to be added to the 1806 Special Provision:

S-Y.1  All work required under this Contract, except maintenance work and Final Clean Up shall be completed within the time specified by the Contractor as set forth in Section S-X (1301 CONSIDERATION OF PROPOSALS (A+B METHOD)) of these Special Provisions.

S-Y.6  All remaining work, including maintenance and final clean-up, shall be completed by………..

S-Z  (1807) FAILURE TO COMPLETE THE WORK ON TIME

If using A+B, the following provision needs to be added to the 1807 Special Provision:

S-Z.1  In lieu of liquidated damages, a disincentive of $XXX for each Calendar day that any of the work specified in Section S-X.1 (CONSIDERATION OF PROPOSALS (A+B METHOD)) of these Special Provisions remains uncompleted after expiration of the time specified by the Contractor as set forth in Section S-9.4(b) (CONSIDERATION OF PROPOSALS (A+B METHOD)) of these Special Provisions.

If using an incentive, the following provision needs to be added to the 1807 Special Provision:

S-Z.2  In the event that the work specified in S-X.X (CONSIDERATION OF PROPOSALS (A+B METHOD)) of these Special Provisions is completed in advance of the specified time, payment otherwise due in the Contract will be adjusted as follows:

a) An Incentive Payment of $XX,000.00 (xxxx Dollars) for each Calendar Day that the work specified in S-1301.x of these Special Provisions is completed prior to the specified time. Total amount shall not exceed $YY,000.00 (xxxxx).

b) Payment of the incentive will be made on the first partial estimate voucher processed after the above mentioned roadway is opened.