SB374,18,1712 b. The county shall employ or retain a professional engineer licensed in this
13state or a licensed architect, or both, to prepare the scope of a design-build,
14design-build-finance, construction manager-general contractor, or fixed-price
15variable-scope project and assist in the evaluation of the technical portions of
16proposals for those projects. An engineer or architect evaluating proposals may not
17be a member of a team that is bidding on the project.
SB374,18,2018 c. The county shall allow bidders to submit alternative technical concepts in
19their proposals by describing the process for submission and evaluation of
20alternative technical concepts in the request for proposals for that project.
SB374,18,2421 d. The county may offer to pay a stipend to all short-listed bidders, if the county
22ends the process before the due date for proposals, and to each unsuccessful bidder
23that submits a responsive proposal who grants to the county the right to use any work
24product contained in the proposal.
SB374,19,4
1e. The county may reject any submitted qualifications or proposals that the
2county determines are nonresponsive. The county shall consider nonresponsive any
3proposal that fails to include the required bid security or fails to comply with county
4requirements relating to using business enterprises.
SB374,19,75 f. The county and a contractor may enter into leases, licenses, easements, and
6other grants of property interests that the county determines are necessary to deliver
7a project under this paragraph.
SB374,19,198 g. The county shall maintain all written decisions, qualification and proposal
9evaluations, scoring documents, selection evaluations, proposals, and procurement
10documents in a procurement file maintained by the county. A bidder may clearly
11identify those portions of a proposal or other submission that the bidder considers
12to be trade secrets or confidential, commercial, financial, or proprietary information
13and request that those portions be exempt from disclosure. The qualifications,
14proposals, and other information and documents submitted by bidders and the
15county's evaluation records shall not be subject to release or disclosure by the county
16until execution of the contract. If the county ends the process prior to entering into
17a contract for a project, the exemption from release or disclosure shall remain in place
18until the county has entered into a contract for the project or until 5 years after
19ending the initial process, whichever occurs first.
SB374,14 20Section 14 . 60.47 (2m) of the statutes is created to read:
SB374,19,2421 60.47 (2m) Alternative project delivery. Notwithstanding sub. (3), any
22public contract under sub. (2) may be let using the alternative project delivery
23methods under s. 59.52 (29) (c). Section 59.52 (29) (c), as it applies to counties, applies
24to towns.
SB374,15 25Section 15 . 62.03 (1) of the statutes is amended to read:
SB374,20,3
162.03 (1) This subchapter, except ss. 62.071, 62.08 (1), 62.09 (1) (e) and (11) (j)
2and (k), 62.15 (1m) (b), 62.175, 62.23 (7) (em) and (he) and 62.237, does not apply to
31st class cities under special charter.
SB374,16 4Section 16 . 62.15 (1) of the statutes is amended to read:
SB374,20,165 62.15 (1) Contracts; how let; exception for donated materials and labor. All
6Except as provided in sub. (1m), all public construction, the estimated cost of which
7exceeds $25,000, shall be let by contract to the lowest responsible bidder; all other
8public construction shall be let as the council may direct. If the estimated cost of any
9public construction exceeds $5,000 but is not greater than $25,000, the board of
10public works shall give a class 1 notice, under ch. 985, of the proposed construction
11before the contract for the construction is executed. This provision does not apply to
12public construction if the materials for such a project are donated or if the labor for
13such a project is provided by volunteers. The council may also by a vote of
14three-fourths of all the members-elect provide by ordinance that any class of public
15construction or any part thereof may be done directly by the city without submitting
16the same for bids.
SB374,17 17Section 17 . 62.15 (1m) of the statutes is created to read:
SB374,20,2018 62.15 (1m) Alternative project delivery. (a) Any contract for public
19construction under sub. (1) may be let using the alternative project delivery methods
20under s. 59.52 (29) (c). Section 59.52 (29) (c), as it applies to counties, applies to cities.
SB374,20,2321 (b) Any contract for public construction let by a 1st class city may be let using
22the alternative project delivery methods under s. 59.52 (29) (c). Section 59.52 (29)
23(c), as it applies to counties, applies to 1st class cities.
SB374,18 24Section 18 . 66.0901 (1m) (c) of the statutes is created to read:
SB374,21,3
166.0901 (1m) (c) This subsection does not apply to a public works project
2performed under an alternative project delivery method under s. 59.52 (29) (c), 60.47
3(2m), or 62.15 (1m).
SB374,19 4Section 19 . 66.0903 (1) (c) of the statutes is amended to read:
SB374,21,65 66.0903 (1) (c) “Hourly basic rate of pay" has the meaning given in s. 16.856
6(1) (b), 2015 stats.
SB374,20 7Section 20 . 66.0903 (1) (f) of the statutes is amended to read:
SB374,21,98 66.0903 (1) (f) “Prevailing hours of labor" has the meaning given in s. 16.856
9(1) (e), 2015 stats.
SB374,21 10Section 21 . 66.0903 (1) (g) of the statutes is amended to read:
SB374,21,1211 66.0903 (1) (g) “Prevailing wage rate" includes the meanings given under s.
1266.0903 (1) (g), 2013 stats., and s. 16.856 (1) (f), 2015 stats.
SB374,22 13Section 22 . 66.0903 (1) (j) of the statutes is amended to read:
SB374,21,1514 66.0903 (1) (j) “Truck driver" has the meaning given in s. 16.856 (1) (j) includes
15an owner-operator of a truck
.
SB374,23 16Section 23 . 66.0907 (3) (d) of the statutes is amended to read:
SB374,21,2117 66.0907 (3) (d) Default of owner. If the owner neglects for a period of 20 days
18after service of notice under par. (c) to lay, remove, replace or repair the sidewalk the
19city may cause the work to be done at the expense of the owner. All work for the
20construction of sidewalks shall be let by contract to the lowest responsible bidder
21except as provided in s. 62.15 (1) or (1m).
SB374,24 22Section 24 . 66.1103 (11) (b) 1. of the statutes is amended to read:
SB374,22,223 66.1103 (11) (b) 1. Except as provided by subd. 2. and except as provided under
24ss. 59.52 (29) (c), 60.47 (2m), and 62.15 (1m)
, construction work which is let by
25contract and which has an estimated cost exceeding $5,000 may be financed with

1bonds only if the contract is let to the lowest responsible bidder and proposals for the
2contract are advertised by publishing a class 2 notice under ch. 985.
SB374,25 3Section 25. 84.06 (1) (a) of the statutes is renumbered 84.06 (1) (h), and 84.06
4(1) (h) (intro.), as renumbered, is amended to read:
SB374,22,65 84.06 (1) (h) (intro.) Subject to par. (b) (i), “improvement" or “highway
6improvement" includes all of the following:
SB374,26 7Section 26. 84.06 (1) (b) of the statutes is renumbered 84.06 (1) (i).
SB374,27 8Section 27. 84.06 (1) (c) of the statutes is created to read:
SB374,22,119 84.06 (1) (c) “Alternative technical concepts" means a proposed alternative to
10the technical requirements provided by the department in the request for proposals
11for an improvement project.
SB374,28 12Section 28. 84.06 (1) (d) of the statutes is created to read:
SB374,22,1613 84.06 (1) (d) “Construction manager-general contractor project" means a
14two-phase improvement project for which all services unrelated to construction are
15provided in the first phase by a contractor who, subject to department approval, also
16provides construction services in the second phase.
SB374,29 17Section 29. 84.06 (1) (e) of the statutes is created to read:
SB374,22,2018 84.06 (1) (e) “Design-build-finance project” means a project for which the
19design and construction services are provided by a single entity and financing is
20provided in whole or in part by the same entity.
SB374,30 21Section 30. 84.06 (1) (f) of the statutes is created to read:
SB374,22,2422 84.06 (1) (f) “Design-build project" means an improvement project for which
23architectural, surveying, engineering, construction, and related services for an
24improvement project are provided by a single contractor.
SB374,31 25Section 31 . 84.06 (1) (g) of the statutes is created to read:
SB374,23,3
184.06 (1) (g) “Fixed-price variable-scope project" means an improvement
2project with a broad scope for which a contractor provides the maximum amount of
3work at a cost not to exceed the price fixed by the department.
SB374,32 4Section 32 . 84.06 (2) (a) of the statutes is amended to read:
SB374,24,25 84.06 (2) (a) All such highway improvements shall be executed by contract
6based on bids unless the department finds that another method as provided in sub.
7(3) or (4) would be more feasible and advantageous. Bids shall be advertised for in
8the manner determined by the department. Except as provided in s. 84.075, the
9contract shall be awarded to the lowest competent and responsible bidder as
10determined by the department. If the bid of the lowest competent bidder is
11determined by the department to be in excess of the estimated reasonable value of
12the work or not in the public interest, all bids may be rejected. The department shall,
13so far as reasonable, follow uniform methods of advertising for bids and may
14prescribe and require uniform forms of bids and contracts. The department shall
15allow bidders to submit alternative technical concepts in their bids by describing the
16process for submission and evaluation of alternative technical concepts in
17advertisements for bids.
Except as provided in par. (b), the secretary shall enter into
18the contract on behalf of the state. Every such contract is exempted from ss. 16.70
19to 16.75, 16.755 to 16.82, 16.87 and 16.89, but ss. 16.528, 16.752, 16.753, and 16.754
20apply to the contract. Any such contract involving an expenditure of $1,000 or more
21shall not be valid until approved by the governor. The secretary may require the
22attorney general to examine any contract and any bond submitted in connection with
23the contract and report on its sufficiency of form and execution. The bond required
24by s. 779.14 (1m) is exempt from approval by the governor and shall be subject to

1approval by the secretary. This subsection also applies to contracts with private
2contractors based on bids for maintenance under s. 84.07.
SB374,33 3Section 33. 84.06 (2m) of the statutes is created to read:
SB374,24,134 84.06 (2m) Alternative project delivery methods. (a) The department may
5designate any improvement project as a design-build, design-build-finance,
6construction manager-general contractor, or fixed-price variable-scope project if
7the department conducts an analysis of the project and makes a written
8determination that it is in the best interests of the state to designate the project. The
9analysis and determination shall include the selected project delivery method's
10impact on the anticipated schedule, completion date, and cost of the project. The
11department shall make every reasonable effort to ensure the improvement project
12is consistent with any regional plan that exists for the area where the improvement
13project will be located.
SB374,24,1514 (b) The department may not solicit proposals for an improvement project under
15this subsection until the department does one of the following:
SB374,24,1916 1. Designates the improvement project as a design-build,
17design-build-finance, construction manager-general contractor, or fixed-price
18variable-scope project in the department's multi-year highway improvement
19program.
SB374,24,2220 2. Issues a notice of intent to receive qualifications that includes a description
21of the improvement project no later than 30 days before issuing the request for
22qualifications.
SB374,24,2523 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.
SB374,25,4
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.
SB374,25,105 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.
SB374,25,1311 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.
SB374,25,2014 (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:
SB374,25,2121 1. The scope of work for the improvement project.
SB374,25,2422 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.
SB374,26,3
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.
SB374,26,44 4. The department's prequalification, licensing, and registration requirements.
SB374,26,65 5. The maximum number of bidders the department will short-list to submit
6proposals.
SB374,26,77 6. Any other relevant information the department determines is appropriate.
SB374,26,98 (e) 1. A request for proposals issued under this subsection may contain any of
9the following information:
SB374,26,1010 a. The form and amount of required bid security.
SB374,26,1311 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.
SB374,26,1614 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.
SB374,26,2017 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.
SB374,26,2221 e. The evaluation criteria for the proposals, including technical criteria,
22innovation, and schedule, and the relative importance of those criteria.
SB374,26,2423 f. A process for the department to review and accept alternative technical
24concepts.
SB374,26,2525 g. Requirements regarding the bidder's qualifications.
SB374,27,1
1h. Any other relevant information the department determines is appropriate.
SB374,27,52 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.
SB374,27,76 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.
SB374,27,158 (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.
SB374,28,216 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.
SB374,28,63 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.
SB374,28,127 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.
SB374,28,1513 (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:
SB374,28,1616 1. Compensation of or payments to the contractor.
SB374,28,1817 2. Grounds for termination of the contract, including the department's right to
18terminate for convenience.
SB374,28,1919 3. Liability for damages and nonperformance.
SB374,28,2120 4. Events of default and the rights and remedies available to the contractor and
21the department in the event of a default or delay.
SB374,28,2322 5. The identification of any technical specifications that the contractor must
23comply with when developing plans or performing construction work.
SB374,28,2424 6. The procedures for review and approval of the contractor's plans.
SB374,28,2525 7. Required performance and payment security.
SB374,29,2
18. Terms and conditions of indemnification and minimum insurance
2requirements.
SB374,29,33 9. Any other terms and conditions the department determines are appropriate.
SB374,29,84 (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.
SB374,29,109 2. A contract for a construction manager-general contractor project shall
10include provisions regarding all of the following:
SB374,29,1211 a. The provision of and compensation for preconstruction services during the
12first phase of the contract.
SB374,29,1913 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.
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