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Draft FINAL

ENGINEER’S ESTIMATES PROCESS REVIEW





UTAH DIVISION STEWARDSHIP

PROGRAM

FY 2006



Draft FINAL

JOINT UDOT/FHWA

ENGINEER’S ESTIMATE PROCESS

REVIEW

Note: As of Sept 1, 2006, the Utah Department of Transportation and

the Utah Division of the Federal Highway Administration have

not held the required closeout meeting resolve the findings

contained in this draft report. The findings and

recommendations of this report may be revised based on the

outcome of the closeout meeting.









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ENGINEER’S ESTIMATES PROCESS REVIEW









FY 2006







Table of Contents



Executive Summary…………………………………………………………………..……….3



Chapter 1 – Introduction………………………………………………………….…..……….8



Chapter 2 – Documentation Review………………………………………………..………...10



Chapter 3 – Quarterly Final Estimates Reports…………………………………….………...14



Chapter 4 – Case Studies……………………….…………………………………….………25



Chapter 5 – Surveys and Interviews……………………………………………..….……..…32



Chapter 6 – Current UDOT Initiatives……………………………………………………….34



Chapter 7 – Findings and Recommendations…..……………………………………….……37



Appendix A – Documentation Review……………………………………………………..A-1



Appendix B – Quarterly Final Estimate Reports……………………………………….…..B-1



Federal and State Projects………………….………………..B-2

Maintenance Projects………………………………………..B-13



Appendix C – Case Studies…………………………………………….…………………..C-1



Comparison of Bids with the

Engineer’s Estimates for Specific Items……………………C-2

Comparison of Estimate Quantities with

Final Quantities for Specific Items…………………………C-24



Appendix D – Survey and Interview Questions……………………….…………………...D-1



Designers……………………………….……………………D-2

Contractors…………………………………………………..D-11







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ENGINEER’S ESTIMATES PROCESS REVIEW

UDOT Construction…………………………………………D-13









Executive Summary

The purpose of this joint FHWA/UDOT process review is to:



1) Examine UDOT’s procedures for producing engineer’s estimates before project

authorization and identify opportunities for improvement;



2) Evaluate the accuracy of UDOT’s engineer’s estimates, in relation to bids and final

construction cost, and;



3) Identify possible trends that could affect its accuracy. The trends that were looked at

in this report were UDOT philosophy, estimating methodology, the current

competitive bidding environment, and bidding behavior of contractors.



Below is a summary of the findings and recommendations that resulted from this review.



Finding: UDOT has adequate and detailed procedures in place in regards to reviewing the cost

estimates during the design phase and authorizations for cost increases. The procedures identify

specific thresholds that initiate the approval procedures for cost estimates.



Finding: UDOT has some measures in place relating to the engineer’s estimate and the quality

of the plans. However, when it comes to measuring the accuracy of the engineer’s estimate on

the project level, UDOT only looks at whether or not the low bid exceeds 110% of the engineer’s

estimate.



Recommendation: UDOT should develop a performance measure that measures the

accuracy of the engineer’s estimate, which covers both the high and low spectrum, on the

project level. One example of this would be to measure how many of the projects had the

low bid and/or final cost fall within +/- 10% of the engineer’s estimate.



Finding: FHWA has guidance that states the low bid should be within +/- 10% of the engineer’s

estimate for at least 50% of the projects. Below is a table of the results from the analysis of

UDOT’s Quarterly Final Estimate Reports and the 40 projects that were sampled for the Case

Studies.



Quarterly Estimate Reports

Federal and State Projects



Low Bid vs. Engineer’s Estimate Final Cost vs. Engineer’s Estimate

110% of 110% of

Engineer’s 10% of Engineer’s Engineer’s 10% of Engineer’s





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ENGINEER’S ESTIMATES PROCESS REVIEW

Estimate Engineer’s Estimate Estimate Engineer’s Estimate

Estimate Estimate

49% 36% 15% 30% 41% 29%





Quarterly Estimate Reports

Maintenance Projects



Low Bid vs. Engineer’s Estimate Final Cost vs. Engineer’s Estimate

110% of 110% of

Engineer’s 10% of Engineer’s Engineer’s 10% of Engineer’s

Estimate Engineer’s Estimate Estimate Engineer’s Estimate

Estimate Estimate

37% 56% 7% 28% 40% 32%



Case Studies



Low Bid vs. Engineer’s Estimate Final Cost vs. Engineer’s Estimate

110% of 110% of

Engineer’s 10% of Engineer’s Engineer’s 10% of Engineer’s

Estimate Engineer’s Estimate Estimate Engineer’s Estimate

Estimate Estimate

60% 30% 10% 32.5% 42.5% 25%



Based on these results, UDOT is not meeting this criterion, except for maintenance

projects. Upon further review, it appears that the majority of these projects had the low bid fall

below 90% of the Engineer’s Estimate, which draws the conclusion that UDOT tends to

overestimate most of their projects.

Based on the analysis of specific bid items, the major items where the majority of the

bids were significantly lower than the engineer’s estimate (at least half below 90%) were traffic

control, public involvement, survey, clearing and grubbing, and structural concrete. The major

items where the majority of bids were significantly higher than the engineer’s estimate (at least

half above 110%) were mobilization, roadway excavation, borrow items, hot mix asphalt,

Portland cement concrete pavement, contractor furnished topsoil, pipe culverts, and erosion

control items.



Finding: UDOT relies heavily on historical bid price data to develop cost estimates. Typically,

this will provide a good estimate as long as unbalanced bid items are not averaged in, since those

bid items tend to skew the average. When it comes to the average unit bid prices, UDOT

designers use the average of all the bids or just the average of the bid items from the awarded

contractors, depending on their engineering judgment. This still leaves lots of room from

unbalanced bid items to be incorporated into the average.



Recommendation: UDOT should consider using a more detailed analysis in their

estimates for major contract items, such as structural steel, structural concrete, PCC and







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ENGINEER’S ESTIMATES PROCESS REVIEW

asphalt pavement, etc. This method is based on factors such as construction method,

production rates, equipment, and material costs.



Recommendation: If the historical data method is to be used, UDOT should experiment

with ways to reduce any skewness that would result from unbalanced bid items. An

example of this would be to take each bid item of a project and eliminate the high and

low bid for each item and incorporate the remaining items into the database for the

average unit bid prices.



Finding: Currently, UDOT does not keep the engineer’s estimate and the plan holders list

confidential during project advertisement. There are only four other state DOT’s that are known

to disclose the engineer’s estimate during advertisement. There are 44 other state DOT’s that

publish the planholders’ list on their webpage during advertisement. This knowledge can

influence bidding behavior among the contractors and increase the potential of bid collusion.



Recommendation: UDOT should consider removing the engineer’s estimate and plan

holders’ list from the webpage and keep them confidential during advertisement.



Finding: Although most of UDOT projects appear to have adequate competition, there are a

couple of patterns that were noted in this area.



 There has been a steady decline in the number of bidders per project. In 2005, UDOT

averaged 2.54 bidders per project. This is the lowest it has been since UDOT started

tracking this measure in 1993. When comparing this measure with 14 other western State

DOT’s, UDOT ranked 14th out of 15 in terms of highest average bidders per project in

2005. The average number of bidders for all these 15 states was 3.32 for 2005. This

means that even though this decline in the number of bidders is a problem that is

occurring nationwide, the decline appears to be occurring to a greater extent in Utah.



 Less than half of all the projects that had only one bidder showed adequate competition

based on the FHWA guidelines discussed on page 18, which was significantly lower than

the rest of UDOT’s projects.



 Projects in Region 4 appear to have the most difficulty achieving adequate competition.

70% of their projects show adequate competition when the other regions ranged from

85% to 95%. This may be due to the fact that most of projects in Region 4 typically get

fewer bidders than in other regions. Based on the review of the quarterly final estimate

reports, Region 4 averaged the fewest number of bidders per project with 2.98 for

projects completed in 2004 and 2005. The other UDOT regions ranged between 3.5 and

3.8 bidders per project. Also, Region 4 had about twice as many projects with only one

bidder than any of the other UDOT regions.



Recommendation: UDOT should take aggressive steps to attract more bidders on their

projects. This may include working heavily with AASHTO, WASHTO, and/or the AGC

to develop solutions to this problem.









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ENGINEER’S ESTIMATES PROCESS REVIEW

Finding: There appears to be some inconsistency in certain aspects of estimating on UDOT

projects. The primary ones that were noticed were the different rates that were applied for

inflation from each designer that was surveyed and how UDOT and the consultants defined

contingency.



Finding: Currently, UDOT does not have any guidance or training for cost estimating available

for designers.



Recommendation: UDOT should develop cost estimating guidance and training to assist

designers in developing a cost estimate.



Finding: Personnel involved in developing the engineer’s estimate are not involved in the bid

analysis and in the decision to award the contract.



Recommendation: UDOT should allow personnel involved in the development of the

engineer’s estimate to be involved in the bid analysis and the decision to award the

contract. This would mean that someone who is knowledgeable about the estimate for a

particular project would be involved in the decision to award the project and it would

provide them an opportunity to spot bidding trends.



Finding: 367 estimated quantities of significant bid items, as defined on page 28, were

reviewed. From those items, 66% of those items were verified as being accurate with the plan

sheets. 3% of those items were identified as inaccurate with quantities that were obviously not

incorporated into the estimates. 2% of the items could not be verified due to lack of information

in the plans that showed how an item was estimated or dimensions that were not clearly defined

where sections and profiles were irregular. 34% were lump sum items and could not be verified.



Finding: When comparing the estimated quantities to the final for significant bid items,

approximately half of them had the final quantity within +/- 10% of what was estimated. From

the analysis of specific bid items, two main issues were noticed.



 20% of the borrow items were removed from the contract, which raises the question of

why they were put in the plans in the first place.



 The variability of the quantities for Dust Control and Watering was very significant. The

standard deviation for this item was significantly higher than any of the other items that

were reviewed. In fact, with the exception of the borrow items, the standard deviation

was at least twice as high as the rest of the items.



When occurrences like this happen on a regular basis, contractors may eventually become aware

of them and it can lead to bid unbalancing.



Finding: Currently, UDOT has no formal process for detecting materially unbalanced bids other

than spot-checking for irregularities.

During the case studies, significantly unbalanced bid items were identified. Out of the

809 bid items that were considered significant to the contract as defined on page 28, 221 of those





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ENGINEER’S ESTIMATES PROCESS REVIEW

items (27.3 %) had the low bid for that item identified as significantly unbalanced, as defined on

page 29. This means approximately 1 out of every 4 significant bid items raised the question of

whether or not the entire bid for the project was materially unbalanced. Specifically, items such

as Dust Control and Watering, Contractor Furnished Topsoil, and erosion control items showed

the most frequent occurrences of unbalancing. At least half of bids for these three items were

identified as significantly unbalanced.



Recommendation: UDOT should develop a formal process to aggressively detect and

track unbalanced bids.



Finding: Even though there is an anti-collusion statement in the UDOT standard specifications

that contractors must certify when submitting bids and information on bid history is collected in

PDBS, UDOT does not regularly look at this information with the purpose of identifying

possible bid rigging patterns, such as complementary bids, territorial allocation, joint ventures,

and bid rotation.



Recommendation: UDOT should regularly check for possible patterns of bid rigging.

There are software packages available for this from AASHTO and FHWA.









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CHAPTER 1 – INTRODUCTION

The Utah Department of Transportation (UDOT) and the Utah Division of the Federal

Highway Administration (FHWA) conducts biannual joint risk assessments to determine which

programs are at high risk of severely damaging the overall delivery of highway projects. Those

programs that are determined to be high risk are selected for a major joint UDOT/FHWA process

review to assess the current condition of the program and recommend improvements. The 2005

Joint FHWA/UDOT Risk Assessment identified the Engineer’s Estimate as high risk and was

selected for a major process review. This review focuses on construction cost estimating for bid

items that appear in the engineer’s estimate.



Purpose of the Review:

The purpose of this joint FHWA/UDOT process review is to:



1) Examine UDOT’s procedures for producing engineer’s estimates before project

authorization and identify opportunities for improvement;



2) Evaluate the accuracy of UDOT’s engineer’s estimates, in relation to bids and final

construction cost, and;



3) Identify possible trends that could affect its accuracy.



Scope of the Review:



The review consisted of four parts:



1) A documentation review of UDOT’s process based on current policies and manuals for

preparing Engineer’s Estimate.



2) A review of UDOT’s Quarterly Final Estimate Reports, which includes project

information, engineer’s estimate, original contract amount (low bid), and final

construction cost.



3) Case studies involving a review of bid tabulations from 40 sample projects.







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ENGINEER’S ESTIMATES PROCESS REVIEW



4) Surveys and interviews that involve questionnaires to personnel responsible for preparing

and reviewing engineer’s estimates and contractors that have worked on UDOT projects.



The data analysis of all four parts of the review was used to develop the findings and

recommendations in this report.







Review Personnel:

Joe Gregory FHWA, Utah Transportation Engineer (Team Leader)

Todd Emery FHWA, Utah Transportation Engineer

Everett Taylor FHWA, Central Federal Lands Rotational Engineer

Howard Anderson UDOT Engineering Services

Steve Anderson UDOT Engineering Services

Tony Lau UDOT Rotational Engineer









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CHAPTER 2 – DOCUMENTATION REVIEW

The following chapter describes UDOT’s current process for preparing engineer’s

estimates based on a review of current policies and manuals. The following documents were

reviewed:

o Design Process – September 2003

o Quality Control/Quality Assurance (QC/QA) Checklists

o UDOT’s Webpage

o UDOT’s Policy and Procedure

o Project Development Business System (PDBS)

o Quarterly Final Estimate Reports

o Project Delivery List

o Construction Cost Index



DESIGN PROCESS/ QC/QA CHECKLISTS:



UDOT’s Design Process is a manual for UDOT Region personnel outlining all the

activities that need to be performed during the environmental and design phase of the project.

Each activity sheets lists the description of the activity along with who is responsible and what

the deliverables are.

QC/QA checklists were developed in August 2004 by UDOT to assign those responsible

to perform quality control and quality assurance for specific design activities. In addition, each

checklist outlines the specific QC/QA activities that must be performed. The person responsible

for QC and QA must sign the checklist to verify that he/she did perform this activity.

Several activities in this manual refer to cost estimating. A summary table of these

activities is located on pages A-2 to A-12 of Appendix A. This is a very detailed process that

allows plenty of opportunity for the key personnel in both the UDOT Region and Headquarters

to constantly review and revise the cost estimate through the entire project development process.



COST ESTIMATING GUIDANCE:



Currently, UDOT has no written guidance for preparing engineer’s estimates available

for the region designers.



UDOT POLICY AND PROCEDURE:



UDOT Policy 08A6-3, “Advertising and Awarding Construction Contracts”, revised

8/3/98, describes what needs to happen when a project exceeds the budget by a certain amount.

Projects must be referred to the Commission if the engineer’s estimate, preconstruction





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ENGINEER’S ESTIMATES PROCESS REVIEW

engineering, construction engineering, right-of-way, and utility and agreements costs exceed the

programmed amount by 25% or $250,000 whichever is less. The Commission will consider and

decide whether or not to increase programmed funds. When bids exceed the engineer’s estimate

by more than 10%, the Executive Director may accept or reject the low bid either before or after

consulting with the Commission when the amount in excess of 110% of the Engineer’s Estimate

is not more than $100,000. When the excess is over $100,000 the Executive Director will

consult the Commission before accepting or rejecting the bid. In the event the Executive

Director accepts the low bid without consulting the Commission, a report of that action will be

given to the Commission at its next or subsequent meeting.



UDOT WEBPAGE:



UDOT’s website has information available to the general public regarding project cost

estimates. When UDOT advertises a project, their webpage includes what appeared to be the

exact amount of the total engineer’s estimate for that project. Upon further inquiry, it was

discovered that the amount that was posted on the webpage is actually 96% of the engineer’s

estimate. When asked why this was the case, no one from UDOT Engineering Services or

Construction could explain the reasoning behind it. If the amount posted on the webpage were

96% of the engineer’s estimate on all projects, it would not be difficult for contractors to realize

this when the bid tabulations are made public after the project is bid opening. In addition, the list

of plan holders is made available on the website during advertisement. This list includes all the

prime contractors, subcontractors, and suppliers who have picked up plans for that project. Each

company is coded as B (Bidder) or NB (Non-bidder). Examples from the UDOT webpage are

shown on pages A-12 to A-16 in Appendix A.

Once a bid opening has occurred, UDOT posts the bid tabulations on their website.

These bid tabulations include all the bids and the engineer’s estimate for each bid item. Also,

UDOT posts the Average Unit Bid Prices on their webpage and updates them quarterly. As a

result, contractors are currently bidding on UDOT projects knowing two things: the exact

amount of the engineer’s estimate and who the other potential bidders are.

Other State DOT’s were reviewed to see how many publish the engineer’s

estimate and planholders’ list during project advertisement. As of 2001, 4 other State DOT’s

publishes the engineer’s estimate. Most recent data indicated that 44 other State DOT’s publish

the planholders’ list. When bidders have this knowledge, they can easily manipulate their bids

and increase the potential for bid collusion.



PROJECT DEVELOPMENT BUSINESS SYSTEM (PDBS):



UDOT currently uses PDBS as an internal online database that provides project cost

information. PDBS has an Estimates Section that is used to assist designers in estimating.

PDBS provides a database of average historic bid prices that designers can apply the following

filters:

o Date Range

o Region

o County

o All bids or Awarded Only

o Units (Inch/Pound or Metric)







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o Project Funding (All, Fed/State. Federal, Maintenance, State)

o Quantity Range



The results of this search can be presented by Item Summary, Projects, or Contractors.

Based on a review of this, the Projects and Contractors list appear to be the same. Examples of

PDBS outputs using various filters are shown on pages A-17 to A-20 in Appendix A. All of

these tools are currently available to designers. Whether or not designers use these tools on all

UDOT projects is uncertain.



QUARTERLY FINAL ESTIMATE REPORTS:



UDOT produces final estimate reports on a quarterly basis. This report lists all the

projects that were completed in the reported quarter. They include project information,

contractor, engineer’s estimate, original contract amount and final cost. They also have a

measure that compares the final cost with the original amount. This data is separated by

federal/state and maintenance projects.

Also in this report is a graph that compares the total annual dollar amount of the

engineer’s estimate, the original contract amount, and the final amount with previous years. This

report includes a thorough breakdown of project overruns and change orders. This report has a

breakdown of projects where the low bid was 110% over the engineer’s estimate. Examples of

these outputs are located on pages A-21 to A-23 of Appendix A.



PROJECT DELIVERY LIST:



UDOT’s produces a project delivery list based on data entered into Electronic Program

Management (ePM). This includes a list of all the projects that have not been advertised yet and

another list of all the projects that have recently been advertised. These lists are color-coded to

highlight items of concern. For example, projects where the current cost estimate is greater than

the commission approved amount between 0% and 10% are coded yellow. Projects where the

current cost estimate is greater than the commission approved amount by greater than 10% are

coded red.

For projects that have been advertised and awarded, UDOT uses the Bid Variation Index

(BVI) as a measure for the quality of the plans that were advertised. The BVI is calculated using

the following formula:



 Standard Deviation of all the bids($) 

BVI  1   

 Low Bid($) 



According to this formula, the closer the BVI is to 1.00, the higher quality there is in the

plans. The BVI correlates the variability in the bids with the quality of the plans. This is based

on the premise that higher quality plans means less uncertainty in the project, which means less

risk that is place on the contractor, which means less variability there will be in the bids.



UDOT color-codes the BVI as follows:

 0.85 110% of 110% of

Engineer’s 10% of Engineer’s Engineer’s 10% of Engineer’s

Estimate Engineer’s Estimate Estimate Engineer’s Estimate

Estimate Estimate

49% 36% 15% 30% 41% 29%



Quarterly Estimate Reports

Maintenance Projects



Low Bid vs. Engineer’s Estimate Final Cost vs. Engineer’s Estimate

110% of 110% of

Engineer’s 10% of Engineer’s Engineer’s 10% of Engineer’s

Estimate Engineer’s Estimate Estimate Engineer’s Estimate

Estimate Estimate

37% 56% 7% 28% 40% 32%



Case Studies



Low Bid vs. Engineer’s Estimate Final Cost vs. Engineer’s Estimate

110% of 110% of

Engineer’s 10% of Engineer’s Engineer’s 10% of Engineer’s

Estimate Engineer’s Estimate Estimate Engineer’s Estimate

Estimate Estimate

60% 30% 10% 32.5% 42.5% 25%



Based on these results, UDOT is not meeting this criterion, except for maintenance

projects. Upon further review, it appears that the majority of these projects had the low bid fall

below 90% of the Engineer’s Estimate, which draws the conclusion that UDOT tends to

overestimate their projects.

Based on the analysis of specific bid items, the major items where the majority of the

bids were significantly lower than the engineer’s estimate (at least half below 90%) were traffic

control, public involvement, survey, clearing and grubbing, and structural concrete, and. The

major items where the majority of bids were significantly higher than the engineer’s estimate (at

least half above 110%) were mobilization, roadway excavation, borrow items, hot mix asphalt,

Portland cement concrete pavement, contractor furnished topsoil, pipe culverts, and erosion

control items.





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Finding: From the 367 estimated quantities of significant bid items that were reviewed, 66% of

those items were verified as being accurate with the plan sheets. 3% of those items were

identified as inaccurate with quantities that were obviously not incorporated into the estimates.

2% could not be verified due to extreme variability in measure earthwork items of or lack of

information in the plans that showed how an item was estimates. 34% were lump sum items and

could not be verified.





Finding: When comparing the estimated quantities to the final for significant bid items,

approximately half of them had the final quantity within +/- 10% of what was estimated. From

the analysis of specific bid items, two main issues were noticed.



 20% of the borrow items were removed from the contract, which raises the question of

why they were put in the plans in the first place.



 The variability of the quantities for Dust Control and Watering was very significant. The

standard deviation for this item was significantly higher than any of the other items that

were reviewed. In fact, with the exception of the borrow items, the standard deviation

was at least twice as high as the rest of the items.



When occurrences like this happen on a regular basis, contractors may eventually become aware

of them and it can lead to bid unbalancing.





TRENDS:



Several factors can influence the engineer’s estimate, some of which are outside of the state’s

control. Below are some trends that were observed during this review.



ESTIMATING METHODOLOGY:



Finding: UDOT’s primary method for estimating is based on historical bid price data. This

means that the average bid prices (either for all the bids or just the bids from the awarded

contractor, depending on the designer’s preference) are used to establish a unit cost estimate and

adjusted for project conditions. For items where there are no historic data, designers rely on

contractors and suppliers for cost estimates. Typically, the use of historic bid prices will provide

a good estimate as long as unbalanced bid items are not average in, since those bids will skew

the average.



Recommendation: UDOT should experiment using a more detailed analysis in their

estimates for major contract items, such as structural steel, structural concrete, PCC and

asphalt pavement, etc.. This method is based on factors such as construction method,

production rates, equipment, and material costs.





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ENGINEER’S ESTIMATES PROCESS REVIEW



Recommendation: If the historical data method is to be used, UDOT should experiment

with ways to reduce any skewness that would result from unbalanced bid items. An

example of this would be to take each bid item of a project and eliminate the high and

low bid for each item and incorporate the remaining items into the database for the

average unit bid prices.





UDOT PHILOSOPHY:



Finding: Like most programs, what a State DOT views as important will determine what

direction the program is going. When it comes to engineer’s estimates, UDOT views funding as

the most important component. UDOT has some measures in place related to the engineer’s

estimate and the quality of the plans.

However, when it comes to measuring the accuracy of the engineer’s estimate on the

project level, UDOT only looks at whether or not the low bid exceeds 110% of the engineer’s

estimate. It is this threshold that defines their contingency and determines whether additional

funding is needed to in order to award with the project. Although this measure is good from a

project and funding standpoint, it does not give a complete picture as to the accuracy of the

engineer’s estimate, since it doesn’t take into account extremely low bids. As shown in the

review of the quarterly final estimate reports and the case studies, the majority of the low bids

were below 90% of the engineer estimates. Based on further analysis, the argument can be easily

made that UDOT tends to overestimate their projects. Again, this is not necessarily bad from a

project and funding standpoint, but the intent of the engineer’s estimate is to give an accurate

picture of the cost of the project.

The closet measure that UDOT uses to determine the accuracy of the engineer’s estimate

is a comparison of the annual sum of the engineer’s estimate, the low bid, and the final cost.

This may give an indication of the accuracy as a whole, but it does not reflect it on the project

level.



Recommendation: UDOT should develop a performance measure that measures the

accuracy of the engineer’s estimate, which covers both the high and low spectrum, on the

project level. One example of this would be to measure how many of the projects had the

low bid and/or final cost fall within +/- 10% of the engineer’s estimate.



CONFIDIENTIALITY:



Finding: Currently, UDOT does not keep the engineer’s estimate confidential during project

advertisement. This knowledge can influencing bidding behavior among the contractor and

increases the potential of bid collusion. Even though the engineer’s estimate on UDOT’s

webpage is 96% of the actual engineer’s estimate, contractor’s can easily detect that given the

fact that the bid tabulations, along with the actual engineer’s estimate, is placed on the webpage

after bid opening. There are only four other state DOT’s that are known to disclose the

engineer’s estimate during advertisement.

Also, UDOT does not keep the plan holder’s list confidential during advertisement.

There are 44 other state DOT’s that publish the planholders’ list on their webpage during







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advertisement. When contractors know whom their potential competitors are when bidding a

job, that can influence bidding behavior and increase the potential for bid collusion.



Recommendation: UDOT should remove the engineer’s estimate and plan holders’ list

from the webpage and keep them confidential during advertisement.



COMPETITION:



Finding: Based on the analysis of the quarterly reports and the case studies, approximately 80%

of all the UDOT projects show adequate competition based on FHWA guidelines. Although

most of UDOT projects appear to have adequate competition, there are a couple of patterns that

were noted in this area.





 There has been a steady decline in the number of bidders per project. In 2005, UDOT

averaged 2.54 bidders per project. This is the lowest it has been since UDOT started

tracking this measure in 1993. When comparing this measure with 14 other western State

DOT’s, UDOT ranked 14th out of 15 in terms of highest average bidders per project in

2005. The average number of bidders for all these 15 states was 3.32 for 2005. This

means that even though this decline in the number of bidders is a problem that is

occurring nationwide, the decline appears to be occurring to a greater extent in Utah.



 Less than half of all the projects that had only one bidder showed adequate competition

based on the FHWA guidelines discussed on page 18, which was significantly lower than

the rest of UDOT’s projects.



 Projects in Region 4 appear to have the most difficulty achieving adequate competition.

70% of their projects show adequate competition when the other regions ranged from

85% to 95%. This may be due to the fact that most of projects in Region 4 typically get

fewer bidders than in other regions. Based on the review of the quarterly final estimate

reports, Region 4 averaged the fewest number of bidders per project with 2.98 for

projects completed in 2004 and 2005. The other UDOT regions ranged between 3.5 and

3.8 bidders per project. Also, Region 4 had about twice as many projects with only one

bidder than any of the other UDOT regions.



Recommendation: UDOT should take aggressive steps to attract more bidders on their

projects. This may include working heavily with AASHTO, WASHTO, and/or the AGC

to develop solutions to this problem.



UNBALANCING OF BIDS:



Finding: Even though a State DOT cannot fully prevent contractors from unbalancing their

bids, but they can take steps to identify bids that are materially unbalanced and take appropriate

action when they do occur. Currently, UDOT has no formal process for detecting materially

unbalanced bids other than spot-checking for irregularities.









Page 41

Draft FINAL

ENGINEER’S ESTIMATES PROCESS REVIEW

During the case studies, significantly unbalanced bid items were identified. Out of the

809 bid items that were considered significant to the contract as defined on page 28, 221 of those

items (27.3 %) had the low bid for that item identified as significantly unbalanced, as defined on

page 29. This means approximately 1 out of every 4 significant bid items raised the question of

whether or not the entire bid for the project was materially unbalanced. Specifically, items such

as Dust Control and Watering, Contractor Furnished Topsoil, and erosion control items showed

the most frequent occurrences of unbalancing. At least half of bids for these three items were

identified as significantly unbalanced.



Recommendation: UDOT should develop a formal process for detecting materially

unbalanced bids.



BID RIGGING:



Finding: Like unbalanced bids, the State DOT cannot fully prevent bid rigging, but they can

take steps to identify such collusion like complementary bids, territorial allocation, joint

ventures, and bid rotation. Even though there is an anti-collusion statement in the UDOT

standard specifications that contractors must certify when submitting bids and information on bid

history is collected in PDBS, UDOT does not regularly look at this information with the purpose

of identifying possible bid rigging patterns.



Recommendation: UDOT should regularly check for possible patterns of bid rigging.

There are software packages available for this from AASHTO and FHWA.









Page 42


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