SB1075,21 3Section 21. 84.063 (3g) of the statutes is created to read:
SB1075,7,84 84.063 (3g) Performance. (a) An owner shall perform and complete the work
5described in the approved work plan according to the schedule specified in the
6approved work plan. If an owner determines that it is not able to complete its work
7according to the approved work plan or schedule in the approved work plan, the
8owner shall comply with the reporting requirements of sub. (3r).
SB1075,7,159 (b) The department may not advertise or let a highway improvement contract
10prior to certifying that all utility facility work has been completed unless, prior to
11approving a work plan, the department determines that portions of the utility facility
12work must begin or continue after advertising or during construction. When such
13a determination is made, the approved work plan shall specify the dates on which
14the owner shall start and complete the work, locate or relocate utility facilities, and
15complete other work plan requirements.
SB1075,22 16Section 22. 84.063 (3r) of the statutes is created to read:
SB1075,7,2517 84.063 (3r) Notification of deviation from work plan. An owner performing
18work under an approved work plan shall immediately notify the department if the
19owner cannot meet a scheduling deadline in the approved work plan or otherwise
20needs to deviate from an approved work plan. The owner shall immediately submit
21proposed amendments to the work plan for review by the department. The
22department shall immediately notify the impacted highway improvement
23contractor. The department shall promptly review and approve any proposed
24amendments to the work plan if the proposed amendments are reasonable and can
25be accommodated within the improvement project.
SB1075,23
1Section 23. 84.063 (4) (title) of the statutes is amended to read:
SB1075,8,22 84.063 (4) (title) Responsibilities Remedies.
SB1075,24 3Section 24. 84.063 (4) (b) of the statutes is amended to read:
SB1075,8,54 84.063 (4) (b) The project highway improvement contractor shall be
5responsible for any damages that it negligently caused to a utility facility.
SB1075,25 6Section 25. 84.063 (4) (c) of the statutes is amended to read:
SB1075,8,147 84.063 (4) (c) If the utility facility owner fails to comply with sub. (3) provide
8a work plan that includes the material required under sub. (3) (b)
, the department
9or and its highway improvement contractor shall not be liable to the owner for
10damages to a utility facility resulting from the highway improvement if. If the
11department or and its highway improvement contractor complies comply with s.
12182.0175 (2), and the owner shall be liable to the department or its the highway
13improvement
contractor for damages resulting from the failure to comply owner's
14failure to comply with the final approved work plan and schedule
.
SB1075,26 15Section 26. 84.063 (4) (d) of the statutes is created to read:
SB1075,8,2016 84.063 (4) (d) Upon notice from the department that a contractor has filed a
17utility delay damages claim, the owner may respond to the claim by providing
18evidence contrary to the claim. The department shall consider all evidence provided
19by the contractor and the owner in making its decision under par. (e), pursuant to
20rules promulgated by the department under sub. (5).
SB1075,27 21Section 27. 84.063 (4) (e) of the statutes is created to read:
SB1075,9,222 84.063 (4) (e) The department shall compensate the highway improvement
23contractor for delay costs incurred by the contractor, as reviewed and approved by
24the department, that are the result of any of the following, if the highway

1improvement contractor has agreed to accept a department change order that
2addresses the cause of the delay:
SB1075,9,63 1. The department advertising or letting a highway improvement contract
4prior to certifying that all utility facility work has been completed, if notice is not
5provided to the improvement contractor as part of the bid materials or any bid
6addendum.
SB1075,9,107 2. The department advertising or letting a highway improvement contract that
8allows utility facility work after advertising or during construction, if notice is not
9provided to the improvement contractor as part of the bid materials or any bid
10addendum.
SB1075,9,1511 3. The department allowing or requiring any utility facility work after letting
12and during construction that is different from the approved work plan or the
13schedule specified in the bid documents, if the improvement contractor is unable to
14avoid delay by rescheduling or performing other work while the utility work is being
15performed.
SB1075,9,1716 4. Any utility conflict not identified in the schedule, bid materials, or any bid
17addendum within construction limits.
SB1075,28 18Section 28. 84.063 (4) (f) of the statutes is created to read:
SB1075,9,2219 84.063 (4) (f) 1. An owner shall be liable to the department for any amount
20approved under par. (e) and shall pay that amount to the department no later than
2160 days after receiving notice of the amount owed. This subdivision does not apply
22to an owner that appeals a decision of the department under subd. 2.
SB1075,9,2423 2. If an owner responds to a claim as provided in par. (d), the owner may appeal
24the decision of the department under par. (e) as provided in s. 227.42.
SB1075,10,4
13. If an owner fails to make payment of amounts owed under this paragraph,
2the department may seek remedy by filing a civil suit against the owner. If an owner
3is found liable or partially liable, the owner shall owe the department treble the
4amount of damages for which the owner is liable.
SB1075,29 5Section 29. 84.063 (4) (g) of the statutes is created to read:
SB1075,10,76 84.063 (4) (g) Paragraphs (d), (e), and (f) do not apply to projects under s.
784.062.
SB1075,30 8Section 30. Chapter Trans 220 of the administrative code is repealed.
SB1075,31 9Section 31 . Nonstatutory provisions.
SB1075,10,1610 (1) (a) No later than the first day of the 6th month following the effective date
11of this subsection, the department of transportation shall use the procedure under
12s. 227.24 to promulgate rules authorized under s. 84.063, as affected by this act, for
13the period before the effective date of permanent rules under s. 84.063, as affected
14by this act. The emergency rules shall remain in effect until February 28, 2024,
15subject to any extension under par. (c ), or the effective date of the repeal of the
16emergency rule, whichever is earlier.
SB1075,10,2117 (b) Notwithstanding s. 227.24 (1) (a) and (3), the department of transportation
18is not required to provide evidence that promulgating a rule under this subsection
19as an emergency rule is necessary for the preservation of public peace, health, safety,
20or welfare and is not required to provide a finding of emergency for a rule
21promulgated under this subsection.
SB1075,11,722 (c) Notwithstanding s. 227.24 (2) (a), the joint committee for review of
23administrative rules may, at any time prior to the expiration date of the emergency
24rule promulgated under this subsection, extend the effective period of the emergency
25rule at the request of the department of transportation for a period specified by the

1committee not to exceed 60 days. The committee may grant no more than 10
2extensions under this paragraph. Notwithstanding s. 227.24 (2) (b) 1., the
3department of transportation is not required to provide evidence that there is a
4threat to the public peace, health, safety, or welfare that can be avoided only by
5extension of the emergency rule when making a request for an extension under this
6paragraph, but s. 227.24 (2) (am) to (c) shall otherwise apply to extensions under this
7paragraph.
SB1075,32 8Section 32. Effective dates. This act takes effect on the first day of the 6th
9month beginning after publication, except as follows:
SB1075,11,1010 (1) Section 31 (1) of this act takes effect on the day after publication.
SB1075,11,1111 (End)
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