AB456,24,2523 3. For a single-phase project delivery, issues a notice of intent to receive
24proposals that includes a description of the improvement project no later than 30
25days before issuing the request for proposals.
AB456,25,4
1(c) 1. Subject to subd. 2., the department may solicit proposals for design-build,
2design-build-finance, construction manager-general contractor, and fixed-price
3variable-scope projects by using one or more requests for qualifications,
4short-listing of qualified bidders, requests for proposals, and negotiations.
AB456,25,105 2. Except as provided in subd. 3., the department shall use a two-phase process
6for a design-build project. In the first phase, the department shall evaluate the
7qualifications of the bidders, create a short list of the most highly qualified bidders,
8and request proposals from those bidders. The department may not consider
9projected cost in its creation of the short list. In the second phase, the department
10shall evaluate and select from among the responsive proposals.
AB456,25,1311 3. For a design-build project with an estimated cost of less than $100,000, the
12department may solicit proposals and evaluate and select from among the responsive
13proposals.
AB456,25,2014 (d) If the department issues a request for qualifications under this subsection,
15the department shall evaluate responses based on the evaluation criteria provided
16in the request for qualifications and create a short list of the most qualified bidders.
17The department shall short-list not more than 5 bidders and, unless the secretary
18finds that it is justified by an emergency, not less than 2 bidders. A request for
19qualifications issued under this subsection may contain any of the following
20information:
AB456,25,2121 1. The scope of work for the improvement project.
AB456,25,2422 2. A requirement that the bidder identify certain personnel and describe the
23experience of the personnel and the conditions under which personnel may be
24replaced.
AB456,26,3
13. The evaluation criteria for the qualifications and the relative importance of
2those criteria. The evaluation criteria may address the bidder's technical and
3financial qualifications.
AB456,26,44 4. The department's prequalification, licensing, and registration requirements.
AB456,26,65 5. The maximum number of bidders the department will short-list to submit
6proposals.
AB456,26,77 6. Any other relevant information the department determines is appropriate.
AB456,26,98 (e) 1. A request for proposals issued under this subsection may contain any of
9the following information:
AB456,26,1010 a. The form and amount of required bid security.
AB456,26,1311 b. The terms of the contract, including scope and performance requirements,
12schedule or completion date requirements, subcontractor requirements, payment
13and performance security requirements, and insurance requirements.
AB456,26,1614 c. The requirements for the technical component of the proposal, including a
15description of the level of design, scope and type of renderings, drawings, and
16specifications to be provided in the proposal.
AB456,26,2017 d. The requirements for the price component of the proposal. For a construction
18manager-general contractor project, the department may require the bidder to
19submit a lump sum price for the direct costs to perform the required preconstruction
20services and a percentage markup on those direct costs.
AB456,26,2221 e. The evaluation criteria for the proposals, including technical criteria,
22innovation, and schedule, and the relative importance of those criteria.
AB456,26,2423 f. A process for the department to review and accept alternative technical
24concepts.
AB456,26,2525 g. Requirements regarding the bidder's qualifications.
AB456,27,1
1h. Any other relevant information the department determines is appropriate.
AB456,27,52 2. Prior to receiving proposals, the department may conduct confidential
3meetings and exchange confidential information with bidders to promote
4understanding of the request for proposals, review alternative technical concepts, or
5discuss other issues related to the procurement.
AB456,27,76 3. The department shall establish a due date for proposals that is not more than
7120 days after the date on which the department issues the request for proposals.
AB456,27,158 (f) 1. The secretary shall appoint a technical review committee to review,
9evaluate, score, and rank proposals. The secretary shall appoint to the committee
10not less than 5 individuals, the majority of whom are design professionals, including
11a representative of this state's largest transportation builders group. Each member
12of a technical review committee must certify that no conflict of interest exists
13between the member and the bidders. If the secretary determines a conflict exists
14with a member, the secretary shall remove the member from the committee and
15substitute a replacement member.
AB456,28,216 2. Except as provided in subd. 3., the technical review committee shall evaluate
17and assign a technical score to each proposal. The committee shall award not less
18than 70 percent of available points to each proposal that is responsive to the request
19for proposals, not less than 5 percent of available points to each proposal that uses
20contractors based in this state for not less than 50 percent of the dollar value of the
21contract, and not more than 25 percent of available points based on any criteria in
22the project scope that the department determines is critical to the improvement
23project. The committee shall divide the bid price for a proposal by the technical score
24to produce an overall score for each proposal. Notwithstanding sub. (2) and s.

166.0901, the department shall award the contract to the bidder with the proposal
2with the lowest overall score.
AB456,28,63 3. For a fixed-price variable-scope project, notwithstanding sub. (2) and s.
466.0901, the technical review committee shall award the contract to the bidder that
5proposes the largest volume of work within the price that the department fixed for
6the project.
AB456,28,127 4. If the bidder awarded the contract is unable or unwilling to execute the
8contract, the department may award the contract to the bidder whose proposal has
9the next lowest overall score. For a fixed-price variable-scope project, if the bidder
10awarded the contract is unable or unwilling to execute the contract, the department
11may award the contract to the bidder whose proposal has the next largest volume of
12work within the price that the department fixed for the project.
AB456,28,1513 (g) A contract for a design-build, design-build-finance, construction
14manager-general contractor, or fixed-price variable-scope project may include
15provisions regarding all of the following:
AB456,28,1616 1. Compensation of or payments to the contractor.
AB456,28,1817 2. Grounds for termination of the contract, including the department's right to
18terminate for convenience.
AB456,28,1919 3. Liability for damages and nonperformance.
AB456,28,2120 4. Events of default and the rights and remedies available to the contractor and
21the department in the event of a default or delay.
AB456,28,2322 5. The identification of any technical specifications that the contractor must
23comply with when developing plans or performing construction work.
AB456,28,2424 6. The procedures for review and approval of the contractor's plans.
AB456,28,2525 7. Required performance and payment security.
AB456,29,2
18. Terms and conditions of indemnification and minimum insurance
2requirements.
AB456,29,33 9. Any other terms and conditions the department determines are appropriate.
AB456,29,84 (h) 1. The department shall divide the services provided under a contract for
5a construction manager-general contractor project into one phase that addresses
6preconstruction services and a subsequent phase that addresses the construction of
7the improvement project for a lump sum or a guaranteed maximum price. The price
8may not exceed 9 percent of the independent cost estimate.
AB456,29,109 2. A contract for a construction manager-general contractor project shall
10include provisions regarding all of the following:
AB456,29,1211 a. The provision of and compensation for preconstruction services during the
12first phase of the contract.
AB456,29,1913 b. A requirement that, during the first phase of the contract, the contractor use
14a competitive bidding process to procure subcontracts for at least the minimum
15percentage of construction work specified in the request for proposals. The
16percentage shall be based on an estimated cost for the construction work approved
17by the department prior to the start of the competitive bidding process. The
18contractor may not use subcontracts with its wholly or partially owned subsidiaries,
19parent companies, or affiliates.
AB456,29,2320 c. The process the department and the contractor shall use to determine a lump
21sum or guaranteed maximum price for the construction work, including a
22requirement that the department conduct an independent cost estimate for the
23construction work.
AB456,29,2424 d. Grounds for termination of the contract.
AB456,30,4
13. If a contract for a construction manager-general contractor project is
2terminated for any reason, the department may re-advertise the project using any
3authorized process to complete the project. The department may use any work
4product developed by the contractor to complete the improvement project.
AB456,30,105 (i) 1. The department shall establish procedures for the bidding and selection
6of proposals for design-build, design-build-finance, construction manager-general
7contractor, and fixed-price variable-scope projects that ensure an open,
8transparent, and efficient process. The department shall submit its proposed
9procedures to the governor and to the relevant standing committees of the legislature
10for passive review.
AB456,30,1811 2. The department shall employ or retain a professional engineer licensed in
12this state or a licensed architect, or both, to prepare the scope of a design-build,
13design-build-finance, construction manager-general contractor, or fixed-price
14variable-scope project and assist in the evaluation of the technical portions of
15proposals for those projects. An engineer or architect evaluating proposals may not
16be a member of a team that is bidding on the project. The department may not use
17engineers or architects directly employed by the department for more than 20
18percent of the delivery cost of work required by this subdivision in a calendar year.
AB456,30,2119 3. The department shall allow bidders to submit alternative technical concepts
20in their proposals by describing the process for submission and evaluation of
21alternative technical concepts in the request for proposals for that project.
AB456,30,2222 4. The department may offer to pay a stipend to any of the following:
AB456,30,2423 a. All short-listed bidders, if the department ends the process before the due
24date for proposals.
AB456,31,2
1b. Each unsuccessful bidder that submits a responsive proposal who grants to
2the department the right to use any work product contained in the proposal.
AB456,31,63 5. The department may reject any submitted qualifications or proposals that
4the department determines are nonresponsive. The department shall consider
5nonresponsive any proposal that fails to include the required bid security or fails to
6comply with department requirements relating to using business enterprises.
AB456,31,157 6. The department may use any authorized source of funding and financing to
8compensate a contractor for work and services performed under a contract for a
9design-build, design-build-finance, construction manager-general contractor, or
10fixed-price variable-scope project and may combine federal, state, local, and private
11funds to finance the project. Subject to appropriation by the joint committee on
12finance or the transportation projects commission, the department may obligate and
13make expenditures of funds as and when needed to satisfy its payment obligations
14under a contract for a design-build, design-build-finance, construction
15manager-general contractor, or fixed-price variable-scope project.
AB456,31,1816 7. The department and a contractor may enter into leases, licenses, easements,
17and other grants of property interests that the department determines are necessary
18to deliver an improvement project under this subsection.
AB456,31,2119 8. a. The department shall maintain all written decisions, qualification and
20proposal evaluations, scoring documents, selection evaluations, proposals, and
21procurement documents in a procurement file maintained by the department.
AB456,31,2522 b. A bidder may clearly identify those portions of a proposal or other submission
23that the bidder considers to be trade secrets or confidential, commercial, financial,
24or proprietary information and request that those portions be exempt from
25disclosure.
AB456,32,7
1c. The qualifications, proposals, and other information and documents
2submitted by bidders and the department's evaluation records shall not be subject
3to release or disclosure by the department until execution of the contract. If the
4department ends the process prior to entering into a contract for an improvement
5project, the exemption from release or disclosure shall remain in place until the
6department has entered into a contract for the improvement project or until 5 years
7after ending the initial process, whichever occurs first.
AB456,32,128 (j) The department shall use project delivery methods under this subsection to
9deliver not less than 5 percent of construction costs of improvement projects by June
1030, 2019, not less than 10 percent of construction costs of improvement projects by
11June 30, 2021, and not less than 20 percent of construction costs of improvement
12projects by June 30, 2023.
AB456,32,1613 (k) Beginning with the completion of the first improvement project procured
14under this subsection, the department shall report to the appropriate standing
15committees of the legislature annually for 5 years on the progress of procurements
16and transportation facilities procured under this subsection.
AB456,32,1817 (L) The department may promulgate rules as necessary to implement this
18subsection.
AB456,34 19Section 34. 84.062 of the statutes is repealed.
AB456,35 20Section 35. 84.41 (3) of the statutes is repealed.
AB456,36 21Section 36. 84.54 of the statutes is created to read:
AB456,32,25 2284.54 Transfers of state and federal funding. (1) From the appropriation
23account under s. 20.395 (2) (fx), the department shall transfer to the appropriation
24account under s. 20.395 (3) (cx) $23,829,800 in fiscal year 2018-19, $24,551,700 in
25fiscal year 2019-20, and $23,829,800 in fiscal year 2020-21.
AB456,33,4
1(2) From the appropriation account under s. 20.395 (3) (cq), the department
2shall transfer to the appropriation account under s. 20.395 (2) (fq) $23,829,800 in
3fiscal year 2018-19, $24,551,700 in fiscal year 2019-20, and $23,829,800 in fiscal
4year 2020-21.
AB456,33,8 5(3) In each fiscal year that the department makes the transfers required under
6subs. (1) and (2), the legislative fiscal bureau shall adjust the amounts in the
7schedule for s. 20.395 (2) (fq) and (fx) and (3) (cq) and (cx) to reflect the amounts in
8those appropriation accounts immediately following the transfers.
AB456,37 9Section 37. 86.35 of the statutes is created to read:
AB456,33,12 1086.35 Approval of municipal governing body required before
11construction of roundabouts.
(1) In this section, “municipality" means a city,
12village, or town.
AB456,33,17 13(2) After the effective date of this subsection .... [LRB inserts date], no
14roundabout may be constructed as part of any highway project unless the authority
15in charge of the highway project seeks and obtains approval, by a majority vote, for
16the roundabout from the governing body of the municipality where the proposed
17roundabout would be located.
AB456,38 18Section 38. 103.503 (1) (a) of the statutes is amended to read:
AB456,33,2419 103.503 (1) (a) “Accident" means an incident caused, contributed to, or
20otherwise involving an employee that resulted or could have resulted in death,
21personal injury, or property damage and that occurred while the employee was
22performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015
23stats.,
on a project of public works or while the employee was performing work on a
24public utility project.
AB456,39 25Section 39. 103.503 (1) (c) of the statutes is amended to read:
AB456,34,4
1103.503 (1) (c) “Contracting agency" means a local governmental unit, as
2defined in s. 66.0903 (1) (d),
or a state agency, as defined in s. 16.856 (1) (h), that has
3contracted for the performance of work on a project of public works or a public utility
4that has contracted for the performance of work on a public utility project.
AB456,40 5Section 40. 103.503 (1) (e) of the statutes is amended to read:
AB456,34,86 103.503 (1) (e) “Employee" means a laborer, worker, mechanic, or truck driver
7who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015
8stats.,
on a project of public works or on a public utility project.
AB456,41 9Section 41. 103.503 (1) (fm) of the statutes is created to read:
AB456,34,1310 103.503 (1) (fm) “Local governmental unit" means a political subdivision of this
11state, a special purpose district in this state, an instrumentality or corporation of
12such a political subdivision or special purpose district, a combination or subunit of
13any of the foregoing, or an instrumentality of the state and any of the foregoing.
AB456,42 14Section 42. 103.503 (1) (g) of the statutes is amended to read:
AB456,34,2015 103.503 (1) (g) “Project of public works" means a project of public works that
16is subject to s. 16.856 or that would be subject to s. 66.0903, 2013 stats., if the project
17were erected, constructed, repaired, remodeled, or demolished prior to January 1,
182017, or that would be subject to s. 16.856, 2015 stats., if the project were erected,
19constructed, repaired, remodeled, or demolished prior to the effective date of this
20paragraph .... [LRB inserts date]
.
AB456,43 21Section 43. 103.503 (1) (j) of the statutes is created to read:
AB456,35,222 103.503 (1) (j) “State agency" means any office, department, independent
23agency, institution of higher education, association, society, or other body in state
24government created or authorized to be created by the constitution or any law,
25including the legislature and the courts. “State agency" also includes the University

1of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System
2Authority, and the Wisconsin Aerospace Authority.
AB456,44 3Section 44. 103.503 (2) of the statutes is amended to read:
AB456,35,114 103.503 (2) Substance abuse prohibited. No employee may use, possess,
5attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
6be under the influence of alcohol, while performing the work described in s. 66.0903
7(4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works or while
8performing work on a public utility project. An employee is considered to be under
9the influence of alcohol for purposes of this subsection if he or she has an alcohol
10concentration that is equal to or greater than the amount specified in s. 885.235 (1g)
11(d).
AB456,45 12Section 45. 103.503 (3) (a) 2. of the statutes is amended to read:
AB456,35,2013 103.503 (3) (a) 2. A requirement that employees performing the work described
14in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works
15or performing work on a public utility project submit to random, reasonable
16suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing
17before commencing work on the project, except that testing of an employee before
18commencing work on a project is not required if the employee has been participating
19in a random testing program during the 90 days preceding the date on which the
20employee commenced work on the project.
AB456,46 21Section 46. 106.04 of the statutes is repealed.
AB456,47 22Section 47. 109.09 (1) of the statutes is amended to read:
AB456,36,1923 109.09 (1) The department shall investigate and attempt equitably to adjust
24controversies between employers and employees as to alleged wage claims. The
25department may receive and investigate any wage claim that is filed with the

1department, or received by the department under s. 109.10 (4), no later than 2 years
2after the date the wages are due. The department may, after receiving a wage claim,
3investigate any wages due from the employer against whom the claim is filed to any
4employee during the period commencing 2 years before the date the claim is filed.
5The department shall enforce this chapter and s. 66.0903, 2013 stats., s. 103.49, 2013
6stats., and s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and ss. 16.856, 103.02,
7103.82, and 104.12. In pursuance of this duty, the department may sue the employer
8on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03
9(6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s.
10109.10, the department may refer such an action to the district attorney of the county
11in which the violation occurs for prosecution and collection and the district attorney
12shall commence an action in the circuit court having appropriate jurisdiction. Any
13number of wage claims or wage deficiencies against the same employer may be joined
14in a single proceeding, but the court may order separate trials or hearings. In actions
15that are referred to a district attorney under this subsection, any taxable costs
16recovered by the district attorney shall be paid into the general fund of the county
17in which the violation occurs and used by that county to meet its financial
18responsibility under s. 978.13 (2) (b) for the operation of the office of the district
19attorney who prosecuted the action.
AB456,48 20Section 48. 111.322 (2m) (c) of the statutes is repealed.
AB456,49 21Section 49. 111.322 (2m) (d) of the statutes is amended to read:
AB456,36,2322 111.322 (2m) (d) The individual's employer believes that the individual
23engaged or may engage in any activity described in pars. (a) to (c) (bm).
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