Potential Pre-Qualification Policy Revisions

1. Potential Pre-Qualification Policy Revisions Bill McNary Proposal Management Section Chief

2. Possible Policy Changes • Include Safety Component • Unlimited - raise ceiling or eliminate it completely • Revising deadline for submittal prior to a letting

3. Possible Policy Changes • Remove financial pages from the form • Who can sign the form (3M e.g.) • Requests to revise prequal

4. Possible Policy Changes • Frequency of re-evaluations (annual, semi-annual etc.) • Improve pre-qual information on the web site (examples, FAQs)

5. Example FAQ Topics: • Variable Interest Entities (VIE) • Guaranties • Self imposed limits

6. MISC. Items • Insurance for JVs, naming the other entity • Work classifications (street or airport lighting) change to “electrical”

7. MISC. Items • Common problem on insurance certificate submittals • The limits for general liability coverage must be $2 million per occurrence with an annual aggregate limit of $4 million

9. Emergency Contracting John KinarState Maintenance Engineer

10. Definition of Emergency(American Heritage Dictionary) …a sudden, urgent, usually unexpected occurrence or occasion requiring immediate action

11. Authority 84.07 (1b) (1b)Emergency repair and protection of state trunk highways. To accomplish prompt repair, protection or preservation of any state trunk highway which has been closed or is being jeopardized by extraordinary damage by flood, structure failure, slides, or other extraordinary condition of necessity and emergency, the department may, if it is deemed for the best interest of the state, proceed at once to repair or protect the highway with forces and services of private constructors and agencies, summarily engaged by the department and cause said work to be done by negotiated contract or agreement without calling for competitive bids, provided that any such contract or agreement involving an estimated expenditure in excess of $10,000 shall be subject to approval of the governor before it becomes effective. • Must require a prompt response to safely re-open or keep open a facility • Governor’s Office must give verbal approval if over $10,000

12. When Used (Criteria) Time is of the Essence: • Safety is jeopardized (immediate need to secure site) • Mobility is severely compromised • Commerce is significantly impacted • Expedited or normal let would take too long Philosophy Remains that “Let is Best”

13. Examples of Emergency Contracts • Bridge Hit • Culvert failure (could be catastrophic) • Pavement blow-up • Concrete barrier repair • Flooding or other natural disaster (slope failure) • Obstacles on the road (downed power lines, trees, etc.)

14. Request Approval Process 1. Region informs Bureau of Highway Operations & Bureau of Project Development of need, with written justification: • Basic facts of what happened • Scope and extent of repair needed • Estimated time to repair • Estimated cost to repair • Recommendation on how to fund repair • Consequences if not repaired as an emergency project

15. Request Approval Process 2. When central office concurs, request is forwarded to Administrator 3. If Administrator concurs, request is forwarded to Secretary’s Office 4. If Secretary’s Office concurs, request is sent to the Governor’s Office 5. Once we get verbal approval from Governor’s Office the work can begin

16. Contractor Solicitation Process While approval process proceeds, Region does the following: • Obtain quotes from at least 3 prospective contractors (not always possible and not required) • Quick turnaround time for obtaining quotes, usually a few days

17. Contractor Solicitation Process • Evaluate quotes based on criteria for that specific project • Inform contractors of decision to award • Selected contractor signs and returns contract

18. Contractor Solicitation Process • Contractor can begin work immediately • Region submits signed contract and DT-25 to central office for contract processing

19. Elements of Contract • Description of work to be done • Special conditions or reference to Special Provisions • Completion date or working days • Work restrictions

20. Elements of Contract • Special construction techniques • Reference to Department’s Standard Specifications • Estimate of materials and quantities • Estimated cost

21. Elements of Contract • Method of work • Method of Payment • Non-discrimination clause

22. Things Which May be Considered When Awarding the Contract • Time to mobilize and begin work • Estimated time to complete work • Expertise of contractor or crew • Specialized expertise required (steel beam heat straightening) • Size of contract and capacity of contractors

23. Central Office Processes Contract • Bureau of Highway Operations reviews documents and forwards them to Bureau of Project Development for DT-25 process • PDS logs project and forwards DT-25 for Governor’s signature • Once DT-25 is approved the contract is signed by Administrator • Signed contract is returned to contractor While the above process is underway, the contractor continues to work on the emergency project with complete confidence of payment for work

24. Funding • State funds are typically used, but federal funds may be used if eligible and all federal requirements are met • State Maintenance funds are typically used • Recover costs from insurance company – typically operations funds

25. Funding • Natural disaster – typically operations funds, but improvement funds may be used if warranted • Significant pavement work – typically improvement • Asset at end of useful life – could be improvement

26. Funding • WisDOT Policy is not to use Contract Change Orders

27. Bureau of Highway Operations and Bureau of Project Development Coordination • All projects will be jointly evaluated by BHO & BPD for expedited or normal letting potential • Most projects are small in scope and handled by BHO • Some projects are significant in size and are handled jointly by BHO and BPD

28. Specific Examples Where Questions Have Arisen • Spring 2008 Pavement Repairs – SE & SW Regions • I-94 Crossover project in Jefferson County – due to summer flooding

29. Conclusion

30. Expedited Lettings What are they for and when are they used?

31. What are they for? • The Expedited Letting Process is an EXCEPTION process. Very few projects will be let using expedited bidding.

32. What are they for? • The need(s) that the project will address requires an urgent response by the Department. Project needs cannot be met using the regular letting schedule.

33. When are they used? • If the region has enough time to develop the required contract documents an expedited letting may be requested. • If there is not enough time to let the contract, an emergency contract may be required.

34. Timelines

35. Contract Requirements • Contract requirements remain the same with or without federal funding • NEPA and WEPA processes must be completed

36. Contract Requirements • Expedited lets may be federal oversight projects

37. Expedited Lets in 2008 • NW Pavement replacement • STH A sheet piling in Lake Delton • SE pavement repairs

38. Expedited Lets on HCCI • WisDOT will place notices on the HCCI web site on normal advertisement dates

42. Obtaining Plans • Bidders are approved using the standard process • Plans and proposals for expedited lets are available on the HCCI expedited let web page

43. Questions?