LRB-5558/1

ZDW:kjf/amn/cdc

2019 - 2020 LEGISLATURE

2019 Senate BILL 770

January 30, 2020 - Introduced by Senators Petrowski and Fitzgerald, cosponsored by Representatives Nygren and Vos. Referred to Committee on Transportation, Veterans and Military Affairs.

SB770,1,10 An Act to repeal 84.062 (1) (k) and 84.062 (5) (a) 2. d.; to renumber 84.062 (6) (f); to renumber and amend 84.062 (2); to amend 84.062 (1) (m), 84.062 (5) (a) 1. a., 84.062 (5) (a) 2. h., 84.062 (5) (a) 2. i., 84.062 (5) (a) 2. k., 84.062 (5) (b) and 84.062 (6) (a) 11.; and to create 84.062 (1) (f), 84.062 (1) (j), 84.062 (1) (L), 84.062 (1) (p), 84.062 (2) (b), 84.062 (2) (c), 84.062 (2) (d), 84.062 (3), 84.062 (4), 84.062 (5) (a) 2. f., 84.062 (5) (c), 84.062 (5) (d), 84.062 (6) (a) 14., 84.062 (6) (b), 84.062 (6) (c), 84.062 (6) (d), 84.062 (6) (e), 84.062 (7), 84.062 (8), 84.062 (11), 84.062 (13) and 84.062 (14) of the statutes; relating to: requirements for design-build transportation projects, providing an exemption from emergency rule procedures, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill makes numerous changes to the design-build method that the Department of Transportation is currently authorized to use for projects.

Under current law, the design and construction of projects are generally two distinct phases. Under this method, often referred to as “design-bid-build,” DOT has broad authority to accomplish the design of a project. The construction of a project must be executed by contract based on bids, with DOT awarding the contract to the lowest responsible bidder.

Under current law, DOT is also authorized to use a design-build method under which design, engineering, construction, and related services are procured through a single contract with a single entity capable of providing the services. Current law specifies the contents of requests for qualifications and requests for proposals solicited by DOT for design-build projects.

Under the bill, DOT must award six contracts for design-build projects every six years. The bill creates requirements for the evaluation of proposals and the awarding of design-build contracts. Under the bill, DOT must develop a design-build procurement manual. DOT must also prepare a report for the transportation projects commission and the legislature evaluating the success of the design-build program and the Joint Committee on Finance must make a recommendation as to whether the program should continue.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB770,1 Section 1 . 84.062 (1) (f) of the statutes is created to read:

SB770,2,3 84.062 (1) (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.

SB770,2 Section 2 . 84.062 (1) (j) of the statutes is created to read:

SB770,2,6 84.062 (1) (j) “Member” means a private legal entity that is a member of a consortium or joint venture that is a design-builder.