Amendment AA1-AB820

LRBa1228/1

ZDW:kjf/amn/cdc

2019 - 2020 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 820

February 18, 2020 - Offered by Representative Steineke.

AB820-AA1,1,1 At the locations indicated, amend the bill as follows:

AB820-AA1,1,8 1. Page 1, line 8: delete the material beginning with “requirements" and ending with “authority” on line 10 and substitute “state and local contracting requirements; changes to the fuel suppliers administrative allowance; local bridge strengthening; the use of law enforcement officers in highway construction sites; annual permits for local operation of oversize and overweight vehicles and equipment; providing an exemption from emergency rule procedures; and granting rule-making authority”.

AB820-AA1,1,9 2. Page 2, line 1: before that line insert:

AB820-AA1,1,11 “ Section 1b. 59.52 (29) (a) of the statutes is renumbered 59.52 (29) (a) 1. and amended to read:

AB820-AA1,2,2 59.52 (29) (a) 1. All public work, including any contract for the construction, repair, remodeling, or improvement of any public work, building, or furnishing of supplies or material of any kind where the estimated cost of such work will exceed $25,000 $50,000 shall be let by contract to the lowest responsible bidder.

AB820-AA1,2,4 3. Any public work, the estimated cost of which does not exceed $25,000 $50,000, shall be let as the board may direct.

AB820-AA1,2,7 4. If the estimated cost of any public work is between $5,000 and $25,000 $50,000, the board shall give a class 1 notice under ch. 985 before it contracts for the work or shall contract with a person qualified as a bidder under s. 66.0901 (2).

AB820-AA1,2,11 2. A contract, the estimated cost of which exceeds $25,000 $50,000, shall be let and entered into under s. 66.0901, except that the board may by a three-fourths vote of all the members entitled to a seat provide that any class of public work or any part thereof may be done directly by the county without submitting the same for bids.

AB820-AA1,2,13 (c) This subsection does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers.

AB820-AA1,2,16 (d) This subsection does not apply to highway contracts which the county highway committee or the county highway commissioner is authorized by law to let or make.

AB820-AA1,1c Section 1c. 60.47 (1) (a) of the statutes is amended to read:

AB820-AA1,2,21 60.47 (1) (a) “Public contract" means a contract for the construction, execution, repair, remodeling or improvement of any public work or building or for the furnishing of materials or supplies, with an estimated cost greater than $5,000 $50,000.

AB820-AA1,1d Section 1d. 60.47 (1) (am) of the statutes is created to read:

AB820-AA1,3,2 60.47 (1) (am) “Public highway contract” means a contract for the construction, improvement, repair, or corrective or preventative maintenance of a highway. “Public highway contract” does not include a contract for routine maintenance incidental to the preservation of a highway, including snow and ice removal, ditch cleaning, mowing, tree trimming, sealing, crack filling, or grading.

AB820-AA1,1e Section 1e. 60.47 (2) (a) of the statutes is amended to read:

AB820-AA1,3,7 60.47 (2) (a) No town may enter into a public contract with an estimated cost of more than $5,000 but not more than $25,000 $50,000 unless the town board, or a town official or employee designated by the town board, gives a class 1 notice under ch. 985 before execution of that public contract.

AB820-AA1,1f Section 1f. 60.47 (2) (b) of the statutes is amended to read:

AB820-AA1,3,13 60.47 (2) (b) No town may enter into a public contract with a value of more than $25,000 $50,000 unless the town board, or a town official or employee designated by the town board, advertises for proposals to perform the terms of the public contract by publishing a class 2 notice under ch. 985. The town board may provide for additional means of advertising for bids.

AB820-AA1,1g Section 1g. 60.47 (2m) of the statutes is created to read:

AB820-AA1,3,25 60.47 (2m) Public highway contracts. Notwithstanding sub. (2) and except as provided in subs. (4) and (5), no town may enter into a public highway contract with an estimated cost of more than $5,000 but not more than $25,000 unless the town board, or a town official or employee designated by the town board, gives a class 1 notice under ch. 985 before execution of that public highway contract. Notwithstanding sub. (2) and except as provided in subs. (4) and (5), no town may enter into a public highway contract with a value of more than $25,000, unless the town board, or a town official or employee designated by the town board, advertises for proposals to perform the terms of the public highway contract by publishing a class 2 notice under ch. 985. The town board may provide for additional means of advertising for bids.

AB820-AA1,1h Section 1h. 60.47 (3) of the statutes is amended to read:

AB820-AA1,4,6 60.47 (3) Contracts to lowest responsible bidder. The town board shall let a public contract or public highway contract, for which advertising for proposals is required under sub. (2) (b) or (2m) to the lowest responsible bidder. Section 66.0901 applies to public contracts or public highway contracts let under sub. subs. (2) (b) and (2m).

AB820-AA1,1i Section 1i. 60.47 (4) of the statutes is amended to read:

AB820-AA1,4,10 60.47 (4) Contracts with governmental entities. This section does not apply to public contracts or public highway contracts, entered into by a town with a municipality, as defined under s. 66.0301 (1) (a).

AB820-AA1,1j Section 1j. 60.47 (5) (title) of the statutes is amended to read:

AB820-AA1,4,13 60.47 (5) (title) Exception for emergencies and donated materials and labor certain donations.

AB820-AA1,1k Section 1k. 60.47 (5) of the statutes is renumbered 60.47 (5) (a) and amended to read:

AB820-AA1,4,21 60.47 (5) (a) This section is optional with respect to public contracts and public highway contracts for the repair and construction of public facilities when damage or threatened damage to the facility creates an emergency, as declared by resolution of the town board, that endangers the public health or welfare of the town. This subsection no longer applies when the town board declares that the emergency no longer exists.

AB820-AA1,4,25 (b) This section is optional with respect to a public contract or public highway contract if the materials related to the contract are donated or if the labor that is necessary to execute the public contract or public highway contract is provided by volunteers.

AB820-AA1,1L Section 1L. 62.131 of the statutes is created to read:

AB820-AA1,5,12 62.131 Temporary traffic control. If construction, maintenance, or repair work is performed on a highway under the jurisdiction of a city, the chief of police may assign uniformed law enforcement officers to the area if a request is made to the board of public works by a contractor for the purpose of increasing the safety of the public and construction personnel in accordance with the manual adopted by the department of transportation under s. 84.02 (4) (e). The board of public works and the chief of police shall enter into a memorandum of understanding to specify procedures for the submission and review of requests and a system for a contractor to pay for the actual costs incurred by the police department when overtime compensation is paid to officers assigned or when the assignment of officers otherwise results in increased labor costs.

AB820-AA1,1m Section 1m. 62.15 (1) of the statutes is renumbered 62.15 (1) (a) and amended to read:

AB820-AA1,5,25 62.15 (1) (a) All public construction, the estimated cost of which exceeds $25,000 $50,000, shall be let by contract to the lowest responsible bidder; all other public construction shall be let as the council may direct. If the estimated cost of any public construction exceeds $5,000 but is not greater than $25,000 $50,000, the board of public works shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed. This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. The council may also by a vote of three-fourths of all the members-elect provide by ordinance that any class of public construction or any part thereof may be done directly by the city without submitting the same for bids.

AB820-AA1,1n Section 1n. 62.15 (1) (b) of the statutes is created to read:

AB820-AA1,6,6 62.15 (1) (b) 1. In this paragraph, “public highway construction” means the construction, improvement, repair, or corrective or preventative maintenance of a highway. “Public highway construction” does not include routine maintenance incidental to the preservation of a highway, including snow and ice removal, ditch cleaning, mowing, tree trimming, sealing, crack filling, or grading.

AB820-AA1,6,18 2. Notwithstanding par. (a), all public highway construction, the estimated cost of which exceeds $25,000, shall be let by contract to the lowest responsible bidder; all other public highway construction shall be let as the council may direct. Notwithstanding par. (a), if the estimated cost of any public highway construction exceeds $5,000 but is not greater than $25,000, the board of public works shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed. This provision does not apply to public highway construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. The council may also by a vote of three-fourths of all the members-elect provide by ordinance that any class of public highway construction or any part thereof may be done directly by the city without submitting the same for bids.

AB820-AA1,1p Section 1p. 83.21 of the statutes is created to read:

AB820-AA1,7,5 83.21 Temporary traffic control. When construction, maintenance, or repair work is performed on a highway under a county's jurisdiction, the sheriff of the county may assign uniformed law enforcement officers to the area when a request is made to the county highway commissioner by a contractor for the purpose of increasing the safety of the public and construction personnel in accordance with the manual adopted by the department under s. 84.02 (4) (e). The highway commissioner and the sheriff shall enter into a memorandum of understanding to specify procedures for the submission and review of requests and a system for the contractor to pay for the actual costs incurred by the sheriff's department when overtime compensation is paid to officers assigned or when the assignment of officers otherwise results in increased labor costs.

AB820-AA1,1q Section 1q. 84.02 (4) (e) of the statutes is amended to read:

AB820-AA1,7,17 84.02 (4) (e) The department shall adopt a manual establishing a uniform system of traffic control devices for use upon the highways of this state. The system shall be consistent with and, so far as practicable, conform to current nationally recognized standards for traffic control devices. The manual shall allow a contractor conducting highway construction, repair, or maintenance to request assignment of uniformed law enforcement officers, including state patrol officers, to a highway maintenance, repair, or construction area to increase the safety of the public and construction personnel and shall establish a system for the contractor to pay for the actual costs incurred by the assigning agency when overtime compensation is paid to those officers or when the assignment of officers otherwise results in increased labor costs.”.

AB820-AA1,7,18 3. Page 3, line 22: delete “$25,000,000" and substitute “$50,000,000".

AB820-AA1,7,19 4. Page 8, line 9: delete “60" and substitute “55".

AB820-AA1,7,20 5. Page 10, line 8: delete “40" and substitute “45".

AB820-AA1,7,21 6. Page 16, line 4: after that line insert:

AB820-AA1,7,22 “ Section 33a. 84.183 of the statutes is created to read:

AB820-AA1,7,24 84.183 Local bridge strengthening program. (1) Definitions. In this section: