Emergency Contracting John Kinar State Maintenance Engineer
Definition of Emergency (American Heritage Dictionary) …a sudden, urgent, usually unexpected occurrence or occasion requiring immediate action
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
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”
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.)
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
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
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
Contractor Solicitation Process Evaluate quotes based on criteria for that specific project Inform contractors of decision to award Selected contractor signs and returns contract
Contractor Solicitation Process Contractor can begin work immediately Region submits signed contract and DT-25 to central office for contract processing
Elements of Contract Description of work to be done Special conditions or reference to Special Provisions Completion date or working days Work restrictions
Elements of Contract Special construction techniques Reference to Department’s Standard Specifications Estimate of materials and quantities Estimated cost
Elements of Contract Method of work Method of Payment Non-discrimination clause
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
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
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
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
Funding WisDOT Policy is not to use Contract Change Orders
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
Specific Examples Where Questions Have Arisen Spring 2008 Pavement Repairs – SE & SW Regions I-94 Crossover project in Jefferson County – due to summer flooding
Expedited Lettings What are they for and when are they used?
What are they for? The Expedited Letting Process is an EXCEPTION process. Very few projects will be let using expedited bidding.
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.
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.