AB68-ASA2,301
10Section
301. 84.062 (5) (a) 2. d. of the statutes is amended to read:
AB68-ASA2,317,2011
84.062
(5) (a) 2. d. If the department has previously contracted with the
12design-builder or a member, the design-builder or member has a record of
13satisfactorily completing projects.
In making this determination, the technical
14review committee shall consider whether the design-builder or member has
15completed all contracts in accordance with drawings and specifications, diligently
16pursued execution of the work and completed contracts according to the time
17schedule, fulfilled guarantee requirements of contracts, and complied with
18applicable safety program requirements. The technical review committee may not
19consider whether the design-builder or member exercised legal rights specified in
20statute or rule or under a contract with the department.
AB68-ASA2,302
21Section
302. 84.062 (5) (a) 2. f. of the statutes is created to read:
AB68-ASA2,317,2322
84.062
(5) (a) 2. f. The design-builder or a member has been in business for at
23least 12 months.
AB68-ASA2,303
24Section
303. 84.062 (5) (a) 2. g. of the statutes is amended to read:
AB68-ASA2,318,3
184.062
(5) (a) 2. g. The design-builder or a member has served as a
prime 2contractor on no fewer than 5 projects administered by the department
during the
3previous 5 calendar years.
AB68-ASA2,304
4Section
304. 84.062 (5) (a) 2. h. of the statutes is amended to read:
AB68-ASA2,318,75
84.062
(5) (a) 2. h. The design-builder can provide information
to the technical
6review committee upon request about ownership, management, and control of the
7design-builder.
AB68-ASA2,305
8Section
305. 84.062 (5) (a) 2. j. of the statutes is created to read:
AB68-ASA2,318,109
84.062
(5) (a) 2. j. The design-builder has not been disciplined under a
10professional license in any jurisdiction in the previous 10 years.
AB68-ASA2,306
11Section
306. 84.062 (5) (b) of the statutes is amended to read:
AB68-ASA2,318,2112
84.062
(5) (b) The office shall advertise the request for qualifications
by
13publication of a class 1 notice, as defined in s. 985.07 (1), in the official state
14newspaper and on the department's Internet site. The office may place similar
15notices in publications likely to inform potential bidders of the project. The office
16shall issue a request for qualifications or provide information as to where the request
17for qualifications may be obtained to any person, without regard to the qualifications
18of the person. The office shall include in all advertisements under this paragraph
19the location and scope of work; the amount of bid guarantee required; the date, time,
20and place of bid or proposal opening; and the date when and place where plans will
21be available.
AB68-ASA2,307
22Section
307. 84.062 (5) (c) of the statutes is created to read:
AB68-ASA2,319,223
84.062
(5) (c) The technical review committee shall certify at least 2 but not
24more than 4 design-builders as qualified responsible bidders. If the office does not
25receive at least 2 responses to the request for qualifications or if the technical review
1committee certifies only one design-builder as a qualified responsible bidder, the
2office may re-advertise or cancel the project.
AB68-ASA2,308
3Section
308. 84.062 (6) (a) 13. of the statutes is amended to read:
AB68-ASA2,319,54
84.062
(6) (a) 13. A process
for the technical review committee to review and
5accept alternative technical concepts and value engineering change proposals.
AB68-ASA2,309
6Section
309. 84.062 (6) (a) 14. of the statutes is created to read:
AB68-ASA2,319,107
84.062
(6) (a) 14. A requirement that the design-builder perform not less than
830 percent of the construction services under the contract with labor provided by
9employees of the design-builder or member and equipment owned or rented by the
10design-builder or member.
AB68-ASA2,310
11Section
310. 84.062 (6) (b) of the statutes is created to read:
AB68-ASA2,319,1412
84.062
(6) (b) The technical review committee shall evaluate each technical
13proposal, which may include a confidential interview, and shall assign points in
14accordance with the request for proposals and subject to all of the following:
AB68-ASA2,319,1815
1. For a project that will be awarded as either a low bid design-build contract
16or a fixed price variable scope design-build contract, the technical review committee
17shall determine whether technical proposals are responsive to the request for
18proposals without ranking or scoring the proposals.
AB68-ASA2,320,319
2. For a project that will be awarded as a best value design-build contract, the
20technical review committee shall determine whether technical proposals are
21responsive to the request for proposals and score each responsive technical proposal
22as required by the request for proposals. The technical review committee may award
23not more than 20 percent of the points awarded to a technical proposal on the basis
24of the design-builder's qualifications and ability to design, contract, and deliver the
25project in accordance with any deadline established in the request for proposals. The
1technical review committee may award a technical proposal not more than 55
2percent of the maximum number of combined points that may be awarded to a
3technical proposal and cost proposal.
AB68-ASA2,311
4Section
311. 84.062 (6) (c) of the statutes is created to read:
AB68-ASA2,320,85
84.062
(6) (c) The office shall allow design-builders to include alternative
6technical concepts and value engineering changes in their proposals by describing
7the process for submission and evaluation of alternative technical concepts and
8value engineering changes in the request for proposals.
AB68-ASA2,312
9Section
312. 84.062 (6) (d) of the statutes is created to read:
AB68-ASA2,320,1510
84.062
(6) (d) The technical review committee may not consider a proposal
11responsive unless the proposal includes a conceptual design, critical path method,
12bar schedule of the work to be performed or similar schematic, design plans and
13specifications, technical reports, and all other information required by the request
14for proposals. The technical review committee may not consider any price or fee
15included in the technical proposal.
AB68-ASA2,313
16Section
313. 84.062 (6) (e) of the statutes is created to read:
AB68-ASA2,320,2017
84.062
(6) (e) The office shall notify the design-builder for each proposal that
18is determined to be responsive under par. (b) that the design-builder may submit a
19cost proposal under sub. (7). The office shall reject all proposals that are determined
20to be nonresponsive under par. (b).
AB68-ASA2,314
21Section
314. 84.062 (6) (f) of the statutes is renumbered 84.062 (7) (f) and
22amended to read:
AB68-ASA2,320,2523
84.062
(7) (f) The department
and the technical review committee shall
24maintain the confidentiality of information provided by design-builders as required
25by s. 84.01 (32).
AB68-ASA2,315
1Section
315. 84.062 (7) of the statutes is created to read:
AB68-ASA2,321,62
84.062
(7) Cost proposals. (a) Design-builders notified under sub. (6) (e) may
3submit a cost proposal, and the proposal shall include a fixed cost of design,
4engineering, and construction services prepared by a design professional that
5contains all design, engineering, construction, and quality assurance and quality
6control costs of the project.
AB68-ASA2,321,127
(b) The technical review committee may open cost proposals only after the
8technical proposals have been reviewed as provided in sub. (6). At the time and place
9specified in the request for proposals, the technical review committee shall open cost
10proposals, read the proposals aloud, and, for a project that will be awarded as a best
11value design-build contract, make public the committee's scoring of the technical
12proposals.
AB68-ASA2,321,1413
(c) Following a review of cost proposals, the department may issue a notice of
14intent to award a contract, subject to all of the following:
AB68-ASA2,321,1715
1. For a low bid design-build contract, the contract shall be awarded to the
16qualified responsible bidder that submitted a responsive technical proposal and
17submitted the lowest responsive cost proposal.
AB68-ASA2,321,2218
2. For a fixed price variable scope design-build contract, the contract shall be
19awarded to the qualified responsible bidder that submitted a responsive technical
20proposal and that submitted a responsive cost proposal that provides the maximum
21amount of services for the maximum fixed price set by the office or for an amount that
22is less than the maximum fixed price.
AB68-ASA2,322,923
3. For a best value design-build contract, the contract shall be awarded to the
24qualified responsible bidder with the highest adjusted score, which shall be
25calculated by adding the bidder's technical proposal score to the bidder's cost
1proposal score. The technical review committee shall award the lowest qualified
2responsible bidder the maximum number of points that may be awarded to a cost
3proposal under the request for proposals, but not less than 45 percent and not more
4than 75 percent of the maximum number of combined points that may be awarded
5to a technical proposal and cost proposal. For each remaining qualified responsible
6bidder, the technical review committee shall calculate the score for the cost proposal
7by reducing the maximum number of points that may be awarded to the cost proposal
8by at least 1 percent for each percentage point by which the cost proposal exceeds the
9lowest cost proposal.
AB68-ASA2,322,1810
(d) Following a review of cost proposals, the office may reject all proposals. If
11the office rejects all proposals or does not execute a contract after issuing an intent
12to award a contract under par. (c), the office may reissue the request for proposals
13and allow only the qualified responsible bidders originally notified under sub. (6) (e)
14to submit new proposals. The office may pay a reasonable stipulated fee to each
15design-builder that provides a responsive but unsuccessful proposal in response to
16the reissued request for proposals. If the reissued request for proposals specifies a
17maximum fixed price, the office may not award a stipend to a design-builder whose
18proposal exceeds that price.
AB68-ASA2,322,2119
(e) Not fewer than 5 working days prior to executing a design-build contract,
20the department shall provide notice to each unsuccessful qualified responsible
21bidder that a notice of intent to award a contract has been issued.
AB68-ASA2,316
22Section
316. 84.062 (8) of the statutes is created to read:
AB68-ASA2,322,2323
84.062
(8) Contract award. (a) In this subsection:
AB68-ASA2,323,3
11. “Construction services” means work necessary to construct a project,
2including trucking services and materials purchased regardless of whether the
3materials are installed by the design-builder.
AB68-ASA2,323,64
2. “Specialty services” means work related to sanitary sewer systems, water
5main systems, staking, electrical, landscaping and erosion control, traffic control,
6signing, pavement marking, fencing, and other work identified by the office.
AB68-ASA2,323,117
(b) No later than 10 days following the issuance of a notice of intent to award
8a design-build contract under sub. (7) (c), the office shall verify that the
9design-builder will perform not less than 30 percent of the construction services
10under the contract with labor provided by employees of the design-builder or
11member and equipment owned or rented by the design-builder or member.
AB68-ASA2,323,1412
(c) The design-builder shall submit to the office in the form prescribed by the
13office documentation of the construction services the design-builder or member will
14perform and the dollar value of the services.
AB68-ASA2,323,2215
(d) The office shall calculate the percentage of total construction services
16identified in the contract to be performed by the design-builder or member by
17subtracting the value of specialty services to be performed from the total contract
18amount and dividing the dollar value of construction services to be performed by the
19design-builder or member by the difference. If the value of construction services to
20be performed by the design-builder or member is less than 30 percent of the value
21of all construction services required under the contract, the office shall cancel the
22contract award.
AB68-ASA2,317
23Section
317. 84.062 (11) of the statutes is created to read:
AB68-ASA2,324,3
184.062
(11) Stipulated fee. (a) The department shall award a stipulated fee
2of not less than three-tenths of 1 percent of the department's estimated cost of design
3and construction as follows:
AB68-ASA2,324,74
1. To each qualified responsible bidder that provides a responsive but
5unsuccessful proposal when the office issues a notice of intent to award a contract.
6If the request for proposals specifies a maximum fixed price, the office may not award
7a fee to a proposal that exceeds the maximum fixed price.
AB68-ASA2,324,98
2. To all qualified responsible bidders that provide a responsive proposal if the
9office does not issue a notice of intent to award a contract.
AB68-ASA2,324,1110
3. To all qualified responsible bidders if the office cancels the solicitation before
11the technical review committee reviews technical proposals.
AB68-ASA2,324,1512
(b) The department shall pay the fee to each qualified responsible bidder under
13par. (a) no later than 90 days after the department issues a notice of intent to award
14a contract, determines that it will not issue a notice of intent to award a contract, or
15cancels the solicitation.
AB68-ASA2,324,2016
(c) In consideration for paying the fee, the department may use work product
17contained in an unsuccessful proposal in connection with any proposed or awarded
18design-build project without making any additional compensation to the
19design-builder. If an unsuccessful design-builder waives the fee, the department
20may not use work product in the design-builder's unsuccessful proposal.
AB68-ASA2,318
21Section
318. 84.062 (13) of the statutes is created to read:
AB68-ASA2,325,322
84.062
(13) Appeals. (a) Any person aggrieved and directly affected by a
23decision of the office to issue a request for qualifications or a request for proposals
24under this section shall be entitled to judicial review of the decision as provided in
25ch. 227, subject to the procedural requirements of s. 227.53 (1). A person shall be
1considered a person aggrieved and directly affected by a decision of the office if any
2of the following apply to a request for qualifications or a request for proposals issued
3by the office under this section:
AB68-ASA2,325,54
1. The request does not include qualifications, requirements, or other items
5required under this section.
AB68-ASA2,325,76
2. The request does not comply with procedural requirements under this
7section.
AB68-ASA2,325,88
3. The request contains material errors or omissions.
AB68-ASA2,325,109
4. The request contains material discrepancies, deficiencies, or ambiguities
10that prevent a person from submitting a responsive proposal.
AB68-ASA2,325,1211
5. The request indicates a bias against or preference for a specific
12design-builder.
AB68-ASA2,325,1313
6. The request exceeds the department's authority.
AB68-ASA2,325,1914
(b) Any person aggrieved and directly affected by a decision of the office to issue
15a notice of intent to award a contract under this section shall be entitled to judicial
16review of the decision as provided in ch. 227, subject to the procedural requirements
17of s. 227.53 (1). A person shall be considered a person aggrieved and directly affected
18by a decision of the office if any of the following apply to a notice of intent to award
19a contract under this section:
AB68-ASA2,325,2120
1. The design-builder that received the notice of intent to award a contract was
21improperly certified as a qualified responsible bidder.
AB68-ASA2,325,2322
2. A mathematical error was made in scoring any of the proposals that resulted
23in an improper intent to award a contract.
AB68-ASA2,326,3
13. There is evidence of collusion or fraud involving either the design-builder
2that received the notice of intent to award a contract or a member of the technical
3review committee.
AB68-ASA2,326,44
4. There is evidence of bias of a member of the technical review committee.
AB68-ASA2,326,95
5. There is evidence that a member of the technical review committee has a
6conflict of interest because the committee member, a member of his or her immediate
7family, as defined in s. 19.42 (7), or any organization or business with which the
8member is associated, as defined in s. 19.42 (2), may benefit from the intent to award
9a contract.
AB68-ASA2,326,1410
6. The technical proposal or cost proposal submitted by the design-builder that
11received the notice of intent to award a contract is not responsive to the request for
12proposals, contains conditions or qualifications not provided for in the request for
13proposals, or does not assign costs to all services identified in the technical proposal
14or is otherwise materially unbalanced.
AB68-ASA2,326,2415
(c) If the office prevails upon judicial review, following any protest and
16appellate court proceedings, the office shall be entitled to recover all costs and
17charges included in the final order or judgment, excluding attorney fees. Upon
18payment of costs and charges by the protester, the bond shall be returned. If the
19protesting party prevails, the protesting party shall be entitled to recover from the
20office all costs and charges included in the final order or judgment, excluding
21attorney fees. The entire amount of the bond shall be forfeited if the hearing officer
22determines that a protest was filed for a frivolous or improper purpose, including the
23purpose of harassing, causing unnecessary delay, or causing needless cost for the
24office or parties.
AB68-ASA2,319
25Section
319. 84.062 (14) of the statutes is created to read:
AB68-ASA2,327,6
184.062
(14) Deliverables. (a) No later than 3 months after the effective date
2of this paragraph .... [LRB inserts date], the office shall prepare a report that
3establishes a program structure for delivering projects as required under this
4section. The report shall specify the types of projects to be considered and procedures
5and timelines for the bid process. The office may not designate a project as a
6design-build project prior to the completion of the report.
AB68-ASA2,327,117
(b) No later than 6 months after the effective date of this paragraph .... [LRB
8inserts date], the office shall prepare a design-build procurement manual that
9incorporates the requirements under this subsection and any applicable
10requirements under federal law. The manual shall be created by a committee that
11includes all of the following members:
AB68-ASA2,327,1212
1. The director.
AB68-ASA2,327,1513
2. Two employees of the department who represent the division of the
14department responsible for transportation project development and who each have
15not fewer than 5 years of experience in the transportation construction industry.
AB68-ASA2,327,1816
3. One person representing a state association of transportation architectural,
17engineering, or design companies to be nominated by the governor and appointed
18with the advice and consent of the senate.
AB68-ASA2,327,2119
4. One person representing a state association of transportation construction
20companies to be nominated by the governor and appointed with the advice and
21consent of the senate.
AB68-ASA2,327,2522
5. One person representing a national trade group with a design-build
23certification program and experience in assisting states with the implementation of
24a design-build program to be nominated by the governor and appointed with the
25advice and consent of the senate.
AB68-ASA2,328,9
1(c) No later than December 31, 2026, the office shall submit a report to the joint
2committee on finance and the senate and assembly standing committees having
3jurisdiction over transportation matters summarizing observations of the process
4utilized for alternative project delivery methods and describing the effectiveness of
5the alternative project delivery methods contracting procedures. The report shall
6include discussion on scope of work, history of projects selected, evaluation criteria,
7selection process, contract administration, work progression, time and cost
8comparisons between the traditional contracting method and alternative delivery
9methods, claims, and changes.
AB68-ASA2,328,1510
(d) No later than 6 months after receipt of the report required under par. (c),
11the joint committee on finance shall determine whether the alternative project
12delivery pilot program was successful in providing the department with additional
13tools that allow innovation, reduced project completion time, cost certainty, or
14reduced cost or other advantages or benefits and shall make a recommendation to
15the legislature as to whether the pilot program should be made permanent.
AB68-ASA2,320
16Section 320
. 84.555 (1m) of the statutes is amended to read:
AB68-ASA2,329,417
84.555
(1m) Notwithstanding sub. (1) and ss. 84.51 and 84.59, the proceeds of
18general obligation bonds issued under s. 20.866 (2) (uum) are allocated for
19expenditure obligations under s. 84.95 and s. 84.014, the proceeds of general
20obligation bonds issued under s. 20.866 (2) (uup)
and (uuv) may be used to fund
21expenditure obligations for the Marquette interchange reconstruction project under
22s. 84.014, for the reconstruction of the I 94 north-south corridor, as defined in s.
2384.014 (5m) (ag)
1. 1m., for the reconstruction of the Zoo interchange, as defined in
24s. 84.014 (5m) (ag) 2.,
for the reconstruction of the I 94 east-west corridor, as defined
25in s. 84.014 (5m) (ag) 1e., for southeast Wisconsin freeway megaprojects under s.
184.0145, and for high-cost state highway bridge projects under s. 84.017, and the
2proceeds of general obligation bonds issued under s. 20.866 (2) (uur)
and (uuv) may
3be used to fund expenditure obligations for southeast Wisconsin freeway
4megaprojects under s. 84.0145.
AB68-ASA2,321
5Section 321
. 84.56 of the statutes is amended to read:
AB68-ASA2,329,9
684.56 Additional funding for major highway projects. Notwithstanding
7ss. 84.51, 84.53, 84.555, and 84.59, major highway projects, as defined under s.
884.013 (1) (a), for the purposes of ss. 84.06 and 84.09, may be funded with the
9proceeds of general obligation bonds issued under s. 20.866 (2) (uus)
and (uuv).
AB68-ASA2,322
10Section 322
. 84.57 (1) of the statutes is amended to read:
AB68-ASA2,329,1411
84.57
(1) Notwithstanding ss. 84.51, 84.53, 84.555, 84.59, and 84.95, and
12subject to sub. (2), state highway rehabilitation projects for the purposes specified
13in s. 20.395 (6) (aq) may be funded with the proceeds of general obligation bonds
14issued under s. 20.866 (2) (uut)
and (uuv).
AB68-ASA2,323
15Section
323. 84.59 (6) of the statutes is amended to read:
AB68-ASA2,330,1516
84.59
(6) The building commission may contract revenue obligations when it
17reasonably appears to the building commission that all obligations incurred under
18this section can be fully paid from moneys received or anticipated and pledged to be
19received on a timely basis. Except as provided in this subsection, the principal
20amount of revenue obligations issued under this section may not exceed
21$4,055,372,900, excluding any obligations that have been defeased under a cash
22optimization program administered by the building commission, to be used for
23transportation facilities under s. 84.01 (28) and major highway projects for the
24purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal
25amount, the building commission may contract revenue obligations under this
1section up to $142,254,600, excluding any obligations that have been defeased under
2a cash optimization program administered by the building commission, to be used
3for transportation facilities under s. 84.01 (28) and major highway projects for the
4purposes under ss. 84.06 and 84.09.
In addition to the foregoing limit on principal
5amount, the building commission may contract revenue obligations under this
6section up to $128,258,200, excluding any obligations that have been defeased under
7a cash optimization program administered by the building commission, to be used
8for transportation facilities under s. 84.01 (28) and major highway projects for the
9purposes under ss. 84.06 and 84.09. In addition to the foregoing limits on principal
10amount, the building commission may contract revenue obligations under this
11section as the building commission determines is desirable to refund outstanding
12revenue obligations contracted under this section, to make payments under
13agreements or ancillary arrangements entered into under s. 18.55 (6) with respect
14to revenue obligations issued under this section, and to pay expenses associated with
15revenue obligations contracted under this section.
AB68-ASA2,324
16Section
324. 85.20 (4m) (a) 6. cm. of the statutes is amended to read: