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Utilizing Statewide Consultant Contracts

KYTC uses statewide (on-call) contracts to deliver many programs. Statewide contracts provide additional — typically specialized — resources for the user divisions and can be used on an as-needed basis. They are valuable because assignments can be issued quickly to meet project schedules. KYTC has established statewide contracts for the following services:

  • Aerial and Photogrammetric Services
  • Alternative Delivery
  • Aviation Pavement Engineering
  • Aviation Planning & Engineering
  • Biological and Ecological Studies
  • Bridge Painting Inspection & Maintenance
  • Bridge Maintenance Design & Repair
  • Bridge Maintenance Inspection
  • Bridge Project Delivery
  • Capacity and Safety Analysis
  • Construction Engineering Inspection
  • Cultural Historic and Archaeological Studies
  • Drainage Design
  • Electrical Construction Inspection
  • Electrical Engineering Design
  • Environmental Investigation and Remediation
  • Environmental Storm Water
  • Environmental Studies
  • ePlan Room
  • FEMA Drainage Design
  • Fracture Critical Bridge Inspection
  • Geotechnical Drilling Services
  • Geotechnical Engineering and Laboratory Testing
  • Highway Safety Improvement Program (HSIP)
  • Intelligent Transportation Systems (ITS)
  • Local Public Administration (LPA) projects
  • NBIS (National Bridge Inspection Standards) Safety Inspection
  • Pavement Rehabilitation Design
  • Planning Services
  • Right of Way Appraisal & Review
  • Right of Way Services
  • Roadway Design
  • Roadway Signing Plans
  • State Parks Roadway Maintenance
  • Structural Design of Culverts & Bridges
  • Structural Steel Shop Inspection
  • Structural Support Inspection
  • Surveying Services
  • Traffic Counting Services
  • Traffic Forecasting
  • Traffic Modeling Services
  • Traffic Operations Structure & Geotechnical
  • Remediation of Underground Storage Tanks
  • Underwater Bridge Inspection
  • Utility Management
  • Value Engineering

Although in-house staff can perform many of these tasks, when in-house resources and expertise are unavailable, statewide services can fill the gaps. Check the Division of Professional Services website for a full list of services available through statewide contracts.

2. Advertising for Statewide Consulting Contracts

The Division of Professional Services advertises for statewide services during the same procurement process as other projects. One or more consultants can be selected depending on the needs of the user division. A Project Manager (PM) from the user division is assigned to help distribute work and manage these contracts. Most statewide contracts identify an overall upset limit for each contract. The upset limit is the maximum amount that can be spent under the Master Agreement (MA). Individual projects are made per assignment by Letter Agreement (LA).  

Standard language in the procurement document specifies the number of consultants that will be selected to provide services for a period of two (2) years and stipulates no new work will be assigned under the contract after two years from the notice to proceed. However, projects initiated during the original contract term may be extended to complete work already assigned in most circumstances. 

3. Key Features of Statewide Consulting Contracts 

Once the upset limit is reached or the two-year term has expired, services may be re-advertised, and no additional LAs are assigned under the contract. Contracts will not be modified to increase the upset limit or extended in duration to assign new work. No LA can exceed the upset limit without the State Highway Engineer’s written approval. 

Under statewide contracts, project work is assigned to consultants on a rotating basis. If the agency will benefit, KYTC can select a consultant that is not next in the rotation or bundle assignments if desired. A consultant selected out of order is skipped in the rotation when their turn comes. The regular rotation is then resumed. A consultant is not offered an additional project until the remaining firms on the list have received a project offer. If a firm declines a project, it is ineligible to accept another project until all other firms on the list have been offered a project. 

PMs must understand statewide contracts are valuable tools for facilitating project delivery. During project development, situations emerge which influence resource availability (e.g., schedules change or other projects within a user division are assigned a higher priority). Statewide contracts let PMs work with user divisions to obtain resources and/or expertise to deliver their project.  

After KYTC selects consultants for a statewide contract, a scoping meeting is held to communicate how assignments will be made. Individual assignments are executed via a LA that clarifies the scope of work and anticipated level of effort. Consultants operating under statewide contracts can begin work while the LA is being estimated, negotiated, and finalized. The statewide PM will send an email to the consultant notifying them of the assignment. This email serves as a notice to proceed since the MA has already been issued. This is a major advantage of statewide contracts — work can begin much quicker than the standard procurement process.   

Typically, statewide contracts are lump sum contracts. However, KYTC may use statewide contracts for tasks where unit prices are requested (e.g., traffic counting, geotechnical drilling, right of way, etc.). KYTC may also use specific rate of compensation contracts for certain contracts such as construction inspection services or cost-plus a fixed fee for many bridge maintenance contracts. Various other statewide contracts may identify an approximate fee in the advertisement and the negotiation process is similar to a project-specific contract. Special instructions are provided in the advertisement to note the contracting method.  

Once an assignment is made, the PM manages the statewide consultant as they would on other projects. Invoices are executed through the user division PM and then processed by the Division of Professional Services. 

 

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