Chapter 84

84.06(11) (11) State trails. As a part of any highway improvement or as a separate project under this section, a portion of a hiking trail, cross-country ski trail, bridle trail or bicycle trail under the management of a state agency, municipality or nonprofit corporation may be incorporated into the highway right-of-way, and facilities for safe crossing of the highway may be provided.

84.06(12) (12) Borrow sites.

84.06(12)(a) (a) In this subsection:

84.06(12)(a)1. 1. “Borrow” means soil or a mixture of soil and stone, gravel, or other material suitable for use in the construction of embankments or other similar earthworks constructed as part of a state highway construction project.

84.06(12)(a)2. 2. “Borrow site” means any site from which borrow is excavated for use in a specified state highway construction project.

84.06(12)(a)3. 3. “Political subdivision” means a city, village, town, or county.

84.06(12)(b) (b) No zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35, or 62.23 may apply to a borrow site if all of the following apply:

84.06(12)(b)1. 1. The borrow site is located on a property near the site of the state highway construction project on which the borrow is to be used.

84.06(12)(b)2. 2. The owner of the property has consented to the establishment of the borrow site on his or her property.

84.06(12)(b)3. 3. The borrow site is used solely for the specified state highway construction project and solely during the period of construction of the specified state highway construction project.

84.06(12)(b)4. 4. The owner of the property on which the borrow site is located agrees to any noise abatement or landscaping measures required by the governing body of the political subdivision during the period of use.

84.06(12)(b)5. 5. The owner of the property on which the borrow site is located agrees to reasonably restore the site after the period of use.

84.06(12)(c) (c) This subsection does not apply to any borrow site opened for use after July 1, 2011.

84.06(13) (13) Expenditures for intelligent transportation systems and traffic control signals.

84.06(13)(a) (a) The installation, replacement, or rehabilitation of traffic control signals and intelligent transportation systems, not incidental to another highway improvement, may be funded only from the appropriations under s. 20.395 (3) (eq), (et), (ev), (eu), (ex), and (ez).

84.06(13)(b) (b) No later than September 1, 2014, and annually thereafter until September 1, 2019, the department shall prepare and submit a report under s. 13.172 (3) to the standing committees of the legislature with jurisdiction over transportation matters on the expenditures from s. 20.395 (3) (et), (eu), and (ez) and on any other pertinent information related to traffic signals and intelligent transportation systems.

84.06 History History: 1971 c. 125; 1977 c. 29 ss. 932, 1654 (8) (a); 1977 c. 196 s. 131; 1977 c. 273; 1979 c. 32 s. 92 (9); 1979 c. 34, 314; 1983 a. 27; 1983 a. 524 ss. 31, 50; 1985 a. 225 s. 100; 1985 a. 300, 332; 1987 a. 98, 399; 1989 a. 31, 345; 1993 a. 496; 1995 a. 27; 1997 a. 237; 2001 a. 16; 2005 a. 410; 2009 a. 28; 2013 a. 20; 2021 a. 267.

84.06 Annotation The Department of Transportation may reevaluate a bidder’s prior qualification or reject the lowest bid on the ground of irresponsibility of the successful bidder, but, in both instances, notice and an opportunity for hearing on the reevaluation must be given to the contractor. 63 Atty. Gen. 60.

84.062 84.062 Alternative project delivery.

84.062(1) (1) Definitions. In this section:

84.062(1)(a) (a) “Alternative technical concepts” means a proposed alternative to the technical requirements provided by the office in the request for proposals for a project.

84.062(1)(b) (b) “Best value design-build contract” means a design-build contract award made following a calculation of value as provided in a request for proposals.

84.062(1)(c) (c) “Design-build contract” means a contract for a project under which the design, engineering, construction, and related services are provided by a single design-builder.

84.062(1)(d) (d) “Design-builder” means a private legal entity, consortium, or joint venture that proposes to or executes a contract with the office to design, engineer, and construct a project under this section.

84.062(1)(dm) (dm) “Design professional” means a person registered under s. 443.03 or 443.04 or a firm, partnership, or corporation registered under s. 443.08.

84.062(1)(e) (e) “Design-build project” means a project for which design, engineering, construction, and related services are procured through a single contract with a single private legal entity, consortium, or joint venture capable of providing the necessary design, engineering, construction, and related services.

84.062(1)(h) (h) “Fixed price variable scope design-build contract” means a design-build contract award made to the lowest qualified responsible bidder able to provide the best qualitative scope of work at a price not to exceed a fixed price set by the office.

84.062(1)(i) (i) “Low bid design-build contract” means a design-build contract award made to the lowest qualified responsible bidder.

84.062(1)(j) (j) “Member” means a private legal entity that is a member of a consortium or joint venture that is a design-builder.

84.062(1)(k) (k) “Office” means the department.

84.062(1)(L) (L) “Project” means a project involving a highway improvement, as defined in s. 84.063 (1) (d).

84.062(1)(m) (m) “Qualified responsible bidder” means a design-builder that is responding to a request for qualifications and that is certified by the technical review committee.

84.062(1)(n) (n) “Responsive cost proposal” means a proposal that clearly identifies the costs of all services to be performed by the qualified responsible bidder, including all related fees, wages, and equipment and material costs.

84.062(1)(o) (o) “Responsive technical proposal” means a proposal that clearly demonstrates a qualified responsible bidder’s understanding of the design, engineering, and construction services to be performed and clearly describes the bidder’s approach to the project.

84.062(1)(p) (p) “Technical review committee” means the committee appointed under sub. (3).

84.062(1)(q) (q) “Value engineering change” means a proposal that provides for a product of equal or improved quality to the product required by the department and that will reduce the project cost, improve safety, or decrease the time to complete the project.

84.062(2) (2) Design-build projects.

84.062(2)(a) (a) The department shall administer a pilot program under which not more than 6 contracts are awarded for design-build projects.

84.062(2)(b) (b) The department cannot expend more than $250,000,000 for 6 design-build contracts designated as follows:

84.062(2)(b)1. 1. One low bid design-build contract for a project with an estimated value of not more than $25,000,000.

84.062(2)(b)2. 2. One best value design-build contract for a project with an estimated value of not more than $75,000,000.

84.062(2)(b)3. 3. One fixed price variable scope design-build contract with an estimated value of not more than $75,000,000.

84.062(2)(b)4. 4. Three contracts with a total estimated value of not more than $125,000,000. The department may enter into a low bid design-build contract, best value design-build contract, or fixed price variable scope design-build contract under this subdivision.

84.062(2)(d) (d) For each project designated under par. (b), the office shall solicit requests for qualifications, requests for proposals, and cost proposals as provided in this section and, subject to sub. (7) (c) and (d), let each project by contract to a qualified responsible bidder.

84.062(2)(e) (e) No more than 6 months following the completion of a design-build project designated under par. (b), the office shall prepare a report, with input from the design-builder and the technical review committee, detailing the project, the decision to designate the project as a design-build project, the type of design-build contract let, and recommendations for statutory changes, if any. The office shall provide this report to the joint committee on finance and the senate and assembly standing committees having jurisdiction over transportation matters. The senate and assembly standing committees having jurisdiction over transportation matters shall schedule a hearing on the report not more than 30 days following distribution of the report by the chief clerks of the senate and the assembly. This paragraph does not apply to projects completed after December 31, 2025.

84.062(3) (3) Technical review committee.

84.062(3)(a) (a) The secretary shall appoint 5 individuals to a technical review committee to evaluate proposals submitted under this section. The committee shall consist of the following:

84.062(3)(a)1. 1. An employee of the department representing a regional office of the department.

84.062(3)(a)2. 2. Two employees of the department representing the division of the department responsible for transportation project development.

84.062(3)(a)3. 3. One person representing a state association of architectural, engineering, or design companies.

84.062(3)(a)4. 4. One person representing a state association of transportation construction companies.

84.062(3)(b) (b) The secretary cannot appoint to the technical review committee any person associated, as defined in s. 19.42 (2), with a design-builder. No person appointed to the technical review committee may review proposals under this section when the proposed project could benefit the appointee or the appointee’s immediate family, as defined in s. 19.42 (7).

84.062(3)(c) (c) A person appointed to the technical review committee is an agent of the department under s. 895.46.

84.062(3)(d) (d) Except as otherwise provided in this section, all records of the technical review committee are open to public inspection and copying under s. 19.35 (1).

84.062(4) (4) Bids. The office shall solicit design-build proposals in 2 phases. In the first phase, the office shall solicit requests for qualifications under sub. (5) and requests for proposals under sub. (6). The technical review committee shall certify responsible bidders as provided in sub. (5) (c) and shall score technical proposals as provided in sub. (6) (b). In the 2nd phase, the office shall solicit cost proposals and the technical review committee shall evaluate cost proposals as provided in sub. (7).

84.062(5) (5) Request for qualifications.

84.062(5)(a) (a) The office shall prepare a request for qualifications that includes all of the following:

84.062(5)(a)1. 1. Minimum required qualifications for certification as a qualified bidder, which shall include all of the following:

84.062(5)(a)1.a. a. The design and construction experience of the design-builder or member, personnel, and contractors who will manage the design, engineering, and construction aspects of the project. The office cannot require a level of experience that will unreasonably restrict competition.

84.062(5)(a)1.b. b. A requirement that the design-builder or member employ an individual who has no fewer than 5 years of experience in highway construction specific to highway improvement projects in this state.

84.062(5)(a)1.c. c. A requirement that the design-builder or member be a design professional or will employ or contract with a design professional.

84.062(5)(a)1.d. d. A sworn statement of the design-builder’s financial ability, equipment, and experience in design-build project delivery and any other information the office determines is necessary to determine a bidder’s competency.

84.062(5)(a)2. 2. Minimum required qualifications for certification as a responsible bidder, which shall include all of the following:

84.062(5)(a)2.a. a. The design-builder is registered or authorized to do business in this state.

84.062(5)(a)2.b. b. The design-builder submits a sworn statement that indicates that it has adequate financial resources to complete the work described in the request for qualifications, taking into account any other work the design-builder is currently under contract to complete.

84.062(5)(a)2.c. c. The design-builder is bondable for the term of the proposed contract and is able to obtain a 100 percent performance bond and a separate 100 percent payment bond.

84.062(5)(a)2.d. d. If the department has previously contracted with the design-builder or a member, the design-builder or member has a record of satisfactorily completing projects.

84.062(5)(a)2.e. e. The design-builder or a member is not on a list maintained by the department identifying persons ineligible to bid due to suspension or debarment or on a list that the department of administration maintains for persons who violated statutory provisions or administrative rules relating to construction.

84.062(5)(a)2.f. f. The design-builder or a member has been in business for at least 12 months.

84.062(5)(a)2.g. g. The design-builder or a member has served as a contractor on no fewer than 5 projects administered by the department.

84.062(5)(a)2.h. h. The design-builder can provide information to the technical review committee upon request about ownership, management, and control of the design-builder.

84.062(5)(a)2.i. i. The design-builder or a member has not been debarred from any government contracts and has not been found to have committed tax avoidance or evasion in any jurisdiction in the previous 10 years.

84.062(5)(a)2.j. j. The design-builder has not been disciplined under a professional license in any jurisdiction in the previous 10 years.

84.062(5)(a)2.k. k. No design professional employed by the design-builder or a member or that the design-builder will contract with has been disciplined in any jurisdiction under a license that is currently in use.

84.062(5)(a)3. 3. Information about bid procedures and the proposed project, including all of the following:

84.062(5)(a)3.a. a. The type of contract to be awarded.

84.062(5)(a)3.b. b. The selection criteria for recommendation of design-builders for phase 2.

84.062(5)(a)3.c. c. Project requirements, including a scope of work statement and a schedule.

84.062(5)(a)3.d. d. The required completion date of the project.

84.062(5)(a)3.e. e. A description of requirements for the technical proposal for the project.

84.062(5)(b) (b) The office shall advertise the request for qualifications. The office shall include in all advertisements under this paragraph the location and scope of work; the amount of bid guarantee required; the date, time, and place of bid or proposal opening; and the date when and place where plans will be available.

84.062(5)(c) (c) The technical review committee shall certify at least 2 but not more than 4 design-builders as qualified responsible bidders. If the office does not receive at least 2 responses to the request for qualifications or if the technical review committee certifies only one design-builder as a qualified responsible bidder, the office may re-advertise or cancel the project.

84.062(6) (6) Request for proposals.

84.062(6)(a) (a) The office shall prepare a request for proposals for each design-build contract that includes all the following:

84.062(6)(a)1. 1. The name, title, address, and telephone numbers of persons to whom questions concerning the proposal should be directed.

84.062(6)(a)2. 2. The procedures to be followed for submitting proposals, including how proposals must be delivered, the date and time by which they must be received, and the name and address of the person who is to receive them.

84.062(6)(a)3. 3. The date and time of the pre-proposal conference, if any.

84.062(6)(a)4. 4. A requirement that a technical proposal and a cost proposal be submitted in separate sealed proposals at the same time.

84.062(6)(a)5. 5. A clear description of the scope of all design, engineering, and construction work.