Subject to par. (b)
, “improvement" or “highway improvement" includes all of the following:
Construction, reconstruction, rehabilitation, and processes incidental to building, fabricating, or bettering a highway or street.
Highway operations or activities that are life-cycle or investment driven and that are based on an asset management philosophy in which taking action adds service life by preventing or delaying deterioration of highway system functionality.
“Improvement" or “highway improvement" does not include any of the following:
The installation, replacement, rehabilitation, or maintenance of highway signs, highway lighting, or pavement markings or the maintenance of traffic control signals or intelligent transportation systems, unless incidental to building, fabricating, or bettering a highway or street.
The department may prepare plans, estimates and specifications and undertake and perform all surveys, investigations and engineering work for any highway improvement within its jurisdiction. When provision has been made for the necessary funds for any such highway improvement and, if federal aid is to be utilized, when the project has been approved by the proper federal authorities, the department may proceed as provided in this section, with due regard to any applicable federal requirement or regulation.
All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in sub. (3)
would be more feasible and advantageous. Bids shall be advertised for in the manner determined by the department. Except as provided in s. 84.075
, the contract shall be awarded to the lowest competent and responsible bidder as determined by the department. If the bid of the lowest competent bidder is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, all bids may be rejected. The department shall, so far as reasonable, follow uniform methods of advertising for bids and may prescribe and require uniform forms of bids and contracts. Except as provided in par. (b)
, the secretary shall enter into the contract on behalf of the state. Every such contract is exempted from ss. 16.70
, but ss. 16.528
, and 16.754
apply to the contract. Any such contract involving an expenditure of $1,000 or more shall not be valid until approved by the governor. The secretary may require the attorney general to examine any contract and any bond submitted in connection with the contract and report on its sufficiency of form and execution. The bond required by s. 779.14 (1m)
is exempt from approval by the governor and shall be subject to approval by the secretary. This subsection also applies to contracts with private contractors based on bids for maintenance under s. 84.07
The department may designate the governing body of a city, county, village or town as its agent on behalf of the state to perform those bidding and contracting responsibilities under par. (a)
that the department determines are appropriate to delegate. An agent so designated who enters into a contract under this subsection shall do so on behalf of the department and the state, and the state shall be a party to the contract. Any such contract is subject to the conditions specified for contracts entered into by the secretary. The department may authorize an agent who is designated under this paragraph to perform bidding and contracting responsibilities under par. (a)
to administer the resulting contract on behalf of the state.
(3) Contracts with county or municipality; direct labor; materials.
If the department finds that it would be more feasible and advantageous to have the improvement performed by the county in which the proposed improvement is located and without bids, the department may, by arrangement with the county highway committee of the county, enter into a contract satisfactory to the department to have the work done by the county forces and equipment. In such contract the department may authorize the county to purchase, deliver, and store materials and may fix the rental rates of small tools and equipment. The contract shall be between the county and the state and shall not be based on bids, and may be entered into on behalf of the county by the county highway committee and on behalf of the state by the secretary. Such contract is exempted from s. 779.14
and from all provisions of chs. 16
, except ss. 16.753
. If the total estimated indebtedness to be incurred exceeds $5,000 the contract shall not be valid until approved by the governor. The provisions of this subsection relating to agreements between a county and the state shall also authorize and apply to such arrangements between a city, town, or a village and the state. In such cases, the governing body of the city, town, or village shall enter into the agreement on behalf of the municipality.
(4) Special contracts with railroads and utilities.
If an improvement undertaken by the department will cross or affect the property or facilities of a railroad or public utility company, the department may, upon finding that it is feasible and advantageous to the state, arrange to perform portions of the improvement work affecting such facilities or property or perform work of altering, rearranging, or relocating such facilities by contract with the railroad or public utility. Such contract shall be between the railroad company or public utility and the state and need not be based on bids. The contract may be entered into on behalf of the state by the secretary. Every such contract is exempted from s. 779.14
and from all provisions of chs. 16
, except ss. 16.528
, and 16.754
. No such contract in which the total estimated debt to be incurred exceeds $5,000 shall be valid until approved by the governor. As used in this subsection, “public utility" means the same as in s. 196.01 (5)
, and includes a telecommunications carrier as defined in s. 196.01 (8m)
, and “railroad" means the same as in s. 195.02
. “Property" as used in this subsection includes but is not limited to tracks, trestles, signals, grade crossings, rights-of-way, stations, pole lines, plants, substations, and other facilities. Nothing in this subsection shall be construed to relieve any railroad or public utility from any financial obligation, expense, duty, or responsibility otherwise provided by law relative to such property.
(6) Excess cost.
Any excess in construction cost over the funds made available for any piece of work, shall be paid from unobligated funds as the department may determine, and any balance shall be credited to the appropriation from which the work was financed.
(7) Inspection and payment.
The department may provide for the inspection of each piece of work to insure its proper performance. All indebtedness incurred under this section for any highway improvement shall be paid out of the available funds subject, if federal aid is utilized, to any applicable federal requirement or regulation.
(8) Contract for materials.
Whenever an improvement has been determined upon and provision has been made for fully financing the cost the department, if it concludes that a probable saving can be effected thereby, may contract for any or all of the materials to be used in the improvement and for the delivery and storage of said materials at suitable points, and pay for the same out of any funds available for the improvement.
(9) Cattle passes.
As a part of any highway improvement or as a separate project under this section, cattle passes may be constructed at places determined to be necessary and practical.
(10) Study required for highway development projects.
The department shall conduct a study of the costs and benefits of each major highway development project which is commenced after July 1, 1980, and funded from the appropriation under s. 20.395 (3) (bq)
(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.
“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.
“Borrow site" means any site from which borrow is excavated for use in a specified state highway construction project.
“Political subdivision" means a city, village, town, or county.
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.
The owner of the property has consented to the establishment of the borrow site on his or her property.
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.
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.
The owner of the property on which the borrow site is located agrees to reasonably restore the site after the period of use.
This subsection does not apply to any borrow site opened for use after July 1, 2011.
(13) Expenditures for intelligent transportation systems and traffic control signals. 84.06(13)(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)
, and (ez)
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)
, and (ez)
and on any other pertinent information related to traffic signals and intelligent transportation systems.
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.
Alternative project delivery. 84.062(1)(a)
“Alternative technical concepts" means a proposed alternative to the technical requirements provided by the office in the request for proposals for a project.
“Best value design-build contract” means a design-build contract award made following a calculation of value as provided in a request for proposals.
“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.
“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.
“Design professional” means a person registered under s. 443.03
or a firm, partnership, or corporation registered under s. 443.08
“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.
“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.
“Low bid design-build contract” means a design-build contract award made to the lowest qualified responsible bidder.
“Member” means a private legal entity that is a member of a consortium or joint venture that is a design-builder.
“Qualified responsible bidder” means a design-builder that is responding to a request for qualifications and that is certified by the technical review committee.
“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.
“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.
“Technical review committee” means the committee appointed under sub. (3)
“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.
The department shall administer a pilot program under which not more than 6 contracts are awarded for design-build projects.
(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 more than $25,000,000.
2. One best value design-build contract for a project with an estimated value of
not more than $75,000,000.
3. One fixed price variable scope design-build contract with an estimated value of
not more than $75,000,000.
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.
(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.
(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.
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:
1. An employee of the department representing a regional office of the department
2. Two employees of the department representing the division of the department responsible for transportation project development
3. One person representing a state association of architectural, engineering, or design companies.
4. One person representing a state association of transportation construction companies.
(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).
(c) A person appointed to the technical review committee is an agent of the department under s. 895.46.
(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).
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)
The office shall prepare a request for qualifications that includes all of the following:
Minimum required qualifications for certification as a qualified bidder, which shall include all of the following:
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.
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.
A requirement that the design-builder or member be a design professional or will employ or contract with a design professional.
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.
Minimum required qualifications for certification as a responsible bidder, which shall include all of the following:
The design-builder is registered or authorized to do business in this state.
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.
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.
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.
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.
The design-builder or a member has been in business for at least 12 months.
The design-builder or a member has served as a contractor on no fewer than 5 projects administered by the department.
The design-builder can provide information to the technical review committee upon request about ownership, management, and control of the design-builder.
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.