84.016 (2) Notwithstanding ss. 84.013, 84.51, 84.52, 84.53, 84.555, and 84.95, but subject to s. 86.255, this state's share of costs for any major interstate bridge project, including preliminary design work for the project, may be funded only from the appropriations under ss. 20.395 (3) (dq), (dv), and (dx) and 20.866 (2) (ugm).
9,1079m
Section 1079m. 84.062 of the statutes is created to read:
84.062 Alternative project delivery. (1) Definitions. In this section:
(a) “Alternative technical concepts" means a proposed alternative to the technical requirements provided by the office in the request for proposals for a project.
(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.
(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.
(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.
(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.
(f) “Design professional” means a person registered under s. 443.03 or 443.04 or a firm, partnership, or corporation registered under s. 443.08.
(g) “Director” means the director of the office of innovative program delivery attached to the department under s. 15.463 (1).
(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 .
(i) “Low bid design-build contract” means a design-build contract award made to the lowest qualified responsible bidder.
(j) “Member” means a private legal entity that is a member of a consortium or joint venture that is a design-builder.
(k) “Office” means
the office of innovative program delivery attached to the department under s. 15.463 (1) .
(L) “Project” means a project involving a highway improvement, as defined in s. 84.06 (1) (a).
(m) “Qualified responsible bidder” means a design-builder responding to a request for qualifications
and that is certified by the technical review committee .
(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.
(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.
(p) “Technical review committee” means the committee appointed under sub. (3).
(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.
(2) Design-build projects.
(a) The department shall administer a pilot program under which not more than 6 contracts are awarded for design-build projects to be completed no later than December 31, 2025 .
The director cannot designate a project as a design-build project unless the department is able to clearly define the scope of work.
(b) The department cannot expend more than $250,000,000 for 6 design-build contracts designated as follows:
1. One low bid design-build contract for a project with an estimated value of not less than $5,000,000 and not more than $25,000,000.
2. One best value design-build contract for a project with an estimated value of not less than $25,000,000 and not more than $75,000,000.
3. One fixed price variable scope design-build contract with an estimated value of not less than $25,000,000 and not more than $75,000,000.
4. Three contracts designated by the director 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 a fixed price variable scope design-build contract under this subdivision.
(c) For each project designated as a design-build project under par. (a), the office shall prepare a written analysis supporting the office's determination that it is the best interests of the state to make the designation. The written determination and supporting materials are subject to inspection under s. 19.35. The written analysis shall include all of the following:
1. The extent to which the department can adequately define the project requirements in a proposed scope of design and construction.
2. The impact on the projected project schedule and completion date.