8.2 Pre-Letting

Pre-letting is defined as the time from when the list of candidate projects are posted by the FIN to the actual project let date defined below. Refer to the PS&E Review and Processing Schedule for actual dates for the tasks described below.

8.2.1 Let Date Definitions

Several terms are used in determining a project’s “let date”.
Figure 8-2
illustrates the different definitions used to describe “let date”.
Let Date Definitions (click in image to see full-size image)
Figure 8-2: Let Date Definitions

8.2.2 “Ready to Let” Determination

The District is responsible for determining if the project is “Ready to Let” (RTL). Funding obligation and project authorization to advertise for construction bids will be issued when the project meets the RTL definition as outlined in the Chief Engineer’s memo dated March 7, 2016.
  • ENV cleared and ENV mitigation complete (cleared sufficiently to proceed into construction without delays);
  • ENV permits secured (cleared sufficiently to proceed into construction without delays);
  • ROW cleared (cleared sufficiently to proceed into construction without delays);
  • Sealed(100%) PS&E (includes completed and approved schematic, if applicable);
  • Project agreements in place (includes local funding being received or an amount sufficiently received to proceed into construction without delays, for applicable projects);
  • Railroad coordination complete and agreement in place (cleared sufficiently to proceed into construction without delays, if applicable); and
  • Utility agreements in place and relocations in progress (cleared sufficiently to proceed into construction without delays, if applicable).
The above and any other remaining issues are to be resolved no less than four (4) months prior to letting date. Some of these issues are project specific and will not be applicable to every PS&E project.
8.2.2.1 Construction Management Plans
In cases where the project does not meet the RTL definition (e.g., unclear ROW or utilities, incomplete railroad coordination), the project may advance to letting with the inclusion of an approved Construction Management Plan (CMP). A CMP is an executive summary of the steps that will be shown in the plans to complete the project while mitigating the risk of delays in construction due to unclear project certifications including ROW acquisition, ROW encroachments, ROW relocation, utility conflicts, and/or outstanding railroad agreements.
According to the PS&E Review and Processing Schedule draft certifications for ROW Encroachment, ROW Acquisition, ROW Relocations, Utility Adjustments and Railroad Coordination are due approximately
four months prior to the letting date
 (refer to the PS&E Review and Processing Schedule for exact dates). The status of the draft certifications is used to determine the need for a possible CMP.
A CMP is required on any project which does not meet the Ready to Let definition.
A CMP consists of the following elements:
  • Memo;
  • Project certifications for Utilities, ROW and Railroads
  • Phase narrative;
  • TCP layouts; and
  • Contract time determination schedule.
Additional information on developing a CMP can be found in the Construction Management Plan SOP. The DES - FPP Section can also provide additional guidance.

8.2.3 Submit Letting Schedule Modification (if necessary)

Project letting dates are occasionally changed in TxC due to varying circumstances. One of the circumstances is if the bid is not awarded as discussed in
Section 8.4.2
. Other instances described below prior to letting may also require the use of a Letting Schedule Modification (LSM) form.
The LSM form is used to request any of the following changes:
  • Add or reschedule a Let Date;
  • Associate or disassociate projects; or
  • Cancel a project.
If any of the following scenarios are present, a LSM form is required since TxC users will not be able to make changes to the Estimated Let Date, Associate/Disassociate Projects, or Cancel Projects:
  • When the Estimated Let Date is in the current fiscal year;
  • If there has been an Approved Let Date;
  • A change is made that accelerates the project to the current fiscal year; or
  • If changes are moving the Estimated Let Date to within 4 months of the current date.
The status of utilities, ROW, railroad, STIP and NEPA must be included in the LSM request in TxC.
If moving a project to within the next 4 months of lettings
, add one of the following statements to the LSM request:
  • The project is all clear with respect to Utilities, ROW, Railroad, STIP, and NEPA; or
  • The project has unclear
    ______________
    (fill in the blank). We have submitted the project certifications, along with STIP and NEPA status, to DES for their review and approval.
The LSM is accessed, completed, submitted, and monitored until approval through TxDOTCONNECT on the Workflow, Forms & Documents page.

8.2.4 RTL PS&E Submittal to DES-FPP

The District is responsible for performing the RTL PS&E pre-submittal process prior to submission of the project to the DES-FPP staff.
Refer to TxDOT’s 100% PS&E Pre-Submittal Preparation webpage for detailed information on the process which includes:
  • Project submittal checklist;
  • PS&E Review SOP;
  • Electronic plan set guidance;
  • Form 1002 – PS&E Transmittal Data;
  • Engineer’s estimate;
  • Specification list;
  • General Notes;
  • Engineer’s PE/Registered Landscape Architect Seal;
  • Certifications for Utilities, ROW, and Railroads;
  • Contract Time Determination Schedule;
  • Form 2229 – Significant Project Procedures (TxDOT intranet only);
  • Form 2699 – Determination of Additional Project-Specific Liquidated Damages;
  • Form 2502 – Value Engineering Study Executive Decision Summary (TxDOT intranet only);
  • Design exceptions, waivers, variances and deviations; and
  • SWP3 Plan sheet requirements.
The District is responsible for preparing and submitting the completed RTL PS&E package to the DES-FPP section. Refer to the TxDOT.gov 100% PS&E Submittal to DES webpage and the
PS&E Preparation Manual
 for detailed information on the process which includes:
  • Building the contract proposal;
  • Supporting documents for 100% PS&E Submittal;
  • Submittal instructions;
  • Multi-volume plan set submittal guidance; and
  • Other useful files and links including:
    • DES-FPP final PS&E processing checklist;
    • PS&E Review and processing schedule; and
    • Letting Schedule Modification (LSM) Workflow Requests.

8.2.5 Preliminary Construction Plans for Review Only

To improve the quality of bids, the department will provide early plans, cross sections, contract time determination (CTD) schedule and 3D models (if applicable) prior to advertisement of the contract for information only (FIO). For further guidance on projects that require providing plans, cross sections, CTD, and/or models online for contractor information, refer to the TxDOT.gov Digital Delivery webpage.
Cross sections do not need to be signed and sealed.
The TxDOT PM is responsible for ensuring the plans, cross sections, CTD, and models are posted
on or before the date advertisements are published on the TxDOT.gov Contract Letting webpage – Early plan posting
 according to the PS&E Review and Processing Schedule and in the required format on the centralized ftp site in the project folder with other pre-letting documentation. The file should be clearly labeled for ease of identification.
Consultant engineering firms involved in TxDOT design projects must include this data as part of their deliverable to the District.
The following disclaimer must be included in the transmittal of the data:
Disclaimer: Preliminary – Subject to Revision
This plan set is released for preliminary review only.
It is not to be used for bidding, construction, or permit purposes.
© Current Year by Texas Department of Transportation; all rights reserved
All plan sheets, cross sections and CTD schedules should have a watermark included stating: “PRELIMINARY – SUBJECT TO CHANGE. NOT FOR BIDDING PURPOSES – CURRENT DATE” .

8.2.6 RTL PS&E for Letting Review by DES

Refer to TxDOT’s
PS&E Preparation Manual
 for information on performing the RTL PS&E review by the DES.

8.2.7 Plans/Proposal Published for Contractor Review and Bidding

The District builds, reviews and revises proposals before they are released to bidders. CST then releases the bid proposals for bidding.
The “Notice to Contractors” webpage is the unofficial source for monthly state and local construction and maintenance contracts. The Electronic State Business Daily (ESBD), the Electronic Bidding System - Integrated Contractor Exchange (iCX), and the project proposal are the official sources of advertisement and bidding information for the State and Local Lettings. These sources take precedence over information from other sources, including TxDOT webpages, which are unofficial and intended for informational purposes only.
Once a project is released to TxDOT.gov, questions may be submitted from the Notice to Contractors Dashboard, available on the TxDOT.gov Contract Letting webpage.
  1. Navigate to TxDOT’s Contract Letting page;
  2. Scroll to the Bidding section; and
  3. Click the Pre-Bid Q&A link.
The Notification to Contractors Dashboard opens.
The questions are routed to assigned contacts within TxDOT to facilitate a response. An authorized user (District or Division Project Manager, Professional Engineer, or Engineer’s Estimate Coordinator) should assign up to two contacts and approvers for answering questions and approval. Once the response is completed the question and answer are published to TxDOT.gov for all bidders to review. Refer to TxDOT’s Pre-Bid Question & Answer Job Aid for further guidance.
The TxDOT.gov Contract Letting webpage provides information on:
  • Statewide Letting Dates;
  • Bidding resources;
  • Post letting resources; and
  • Bidder resources.

8.2.8 Ads Published

The department must publish notice of the time and place at which bids on contracts will be read and awarded. The department posts online advertisement at ESBD and on TXDOT.gov.
TxDOT advertises all state construction and maintenance projects more than $25,000 on the Electronic State Business Daily (ESBD) system that is maintained by the Texas Comptroller of Public Accounts no less than 21 days prior to bid opening.
Bids are received through the department online electronic bidding system iCX. Electronic bid bonds are required. A secure online administrative account is set up for bidders; account set up can be facilitated by surety agents using department-approved electronic bond clearinghouses.
Refer to TxDOT.gov Contract Letting webpage and TxDOT’s
Letting Manual
 for additional details on advance notice of construction projects

8.2.9 Addendum Process

Changes required to the plans or proposal prior to the bid opening but after they are published are accomplished via addendum.
Refer to TxDOT’s
PS&E Preparation Manual
 for detailed information on the addendum process.

8.2.10 Prebid Conference

The District may conduct pre-bid conferences to provide specific project information, explain any unusual aspects of the project, and address any potential bidder questions. Refer to TxDOT’s
PS&E Preparation Manual
 and
Construction Contract Administration Manual
 for additional information concerning the pre-bid conference.
  • Coordination:
  •  DES – Digital Delivery staff
  •  DES - FPP staff