84.06(12)(a)1. 1. “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.
84.06(12)(a)2. 2. “Borrow site" means any site from which borrow is excavated for use in a specified state highway construction project.
84.06(12)(a)3. 3. “Political subdivision" means a city, village, town, or county.
84.06(12)(b) (b) No zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35, or 62.23 may apply to a borrow site if all of the following apply:
84.06(12)(b)1. 1. 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.
84.06(12)(b)2. 2. The owner of the property has consented to the establishment of the borrow site on his or her property.
84.06(12)(b)3. 3. 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.
84.06(12)(b)4. 4. 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.
84.06(12)(b)5. 5. The owner of the property on which the borrow site is located agrees to reasonably restore the site after the period of use.
84.06(12)(c) (c) This subsection does not apply to any borrow site opened for use after July 1, 2011.
84.06(13) (13) Expenditures for intelligent transportation systems and traffic control signals.
84.06(13)(a) (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), (et), (ev), (eu), (ex), and (ez).
84.06(13)(b) (b) 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), (eu), and (ez) and on any other pertinent information related to traffic signals and intelligent transportation systems.
84.06 Annotation 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.
84.062 84.062 Alternative project delivery.
84.062(1)(1)Definitions. In this section:
84.062(1)(a) (a) “Alternative technical concepts" means a proposed alternative to the technical requirements provided by the office in the request for proposals for a project.
84.062(1)(b) (b) “Best value design-build contract” means a design-build contract award made following a calculation of value as provided in a request for proposals.
84.062(1)(c) (c) “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.
84.062(1)(d) (d) “Design-builder" means a private legal entity, consortium, or joint venture that proposes to or executes a contract to design, engineer, and construct a project under this section.
84.062(1)(e) (e) “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.
84.062(1)(h) (h) “Fixed price variable scope design-build contract” means a design-build contract award made to the qualified responsible bidder able to provide the best scope of work at a price not to exceed a fixed price.
84.062(1)(i) (i) “Low bid design-build contract” means a design-build contract award made to the lowest qualified responsible bidder.
84.062(1)(k) (k) “Office” means the department.
84.062(1)(m) (m) “Qualified responsible bidder” means a design-builder responding to a request for qualifications.
84.062(1)(n) (n) “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.
84.062(1)(o) (o) “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.
84.062(1)(q) (q) “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.
84.062(2) (2) Design-build projects. The department shall administer a program for design-build projects.
84.062(5) (5) Request for qualifications.
84.062(5)(a) (a) The office shall prepare a request for qualifications that includes all of the following:
84.062(5)(a)1. 1. Minimum required qualifications for certification as a qualified bidder, which shall include all of the following:
84.062(5)(a)1.a. a. 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.
84.062(5)(a)1.b. b. 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.
84.062(5)(a)1.c. c. A requirement that the design-builder or member be a design professional or will employ or contract with a design professional.
84.062(5)(a)1.d. d. 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.
84.062(5)(a)2. 2. Minimum required qualifications for certification as a responsible bidder, which shall include all of the following:
84.062(5)(a)2.a. a. The design-builder is registered or authorized to do business in this state.
84.062(5)(a)2.b. b. 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.
84.062(5)(a)2.c. c. 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.
84.062(5)(a)2.d. d. 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.
84.062(5)(a)2.e. e. 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.
84.062(5)(a)2.g. g. The design-builder or a member has served as a contractor on no fewer than 5 projects administered by the department.
84.062(5)(a)2.h. h. The design-builder can provide information upon request about ownership, management, and control of the design-builder.
84.062(5)(a)2.i. i. 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.
84.062(5)(a)2.k. k. No design professional employed by the design-builder or a member or that the design-builder will contract with has been disciplined in any jurisdiction under a license that is currently in use.
84.062(5)(a)3. 3. Information about bid procedures and the proposed project, including all of the following:
84.062(5)(a)3.a. a. The type of contract to be awarded.
84.062(5)(a)3.b. b. The selection criteria for recommendation of design-builders for phase 2.
84.062(5)(a)3.c. c. Project requirements, including a scope of work statement and a schedule.
84.062(5)(a)3.d. d. The required completion date of the project.
84.062(5)(a)3.e. e. A description of requirements for the technical proposal for the project.
84.062(5)(b) (b) The office shall advertise the request for qualifications.
84.062(6) (6) Request for proposals.
84.062(6)(a)(a) The office shall prepare a request for proposals for each design-build contract that includes all the following:
84.062(6)(a)1. 1. The name, title, address, and telephone numbers of persons to whom questions concerning the proposal should be directed.
84.062(6)(a)2. 2. The procedures to be followed for submitting proposals, including how proposals must be delivered, the date and time by which they must be received, and the name and address of the person who is to receive them.
84.062(6)(a)3. 3. The date and time of the pre-proposal conference, if any.
84.062(6)(a)4. 4. A requirement that a technical proposal and a cost proposal be submitted in separate sealed proposals at the same time.
84.062(6)(a)5. 5. A clear description of the scope of all design, engineering, and construction work.
84.062(6)(a)6. 6. The criteria for evaluating proposals and their relative weight, if applicable.
84.062(6)(a)7. 7. The design criteria package, including a description of drawings, specifications, or other information to be submitted with the proposals, which shall allow the design-builder to use innovative projects meeting the criteria.
84.062(6)(a)8. 8. The project schedule and budget limits, if any.
84.062(6)(a)9. 9. The proposed terms and conditions of the contract.
84.062(6)(a)10. 10. Requirements relating to performance bonds, payments bonds, and insurance.
84.062(6)(a)11. 11. Amount of stipend, if any.
84.062(6)(a)12. 12. The procedures for awarding a contract.
84.062(6)(a)13. 13. A process to review and accept alternative technical concepts and value engineering change proposals.
84.062(6)(a)15. 15. Any other information the office determines is necessary.
84.062(6)(f) (f) The department shall maintain the confidentiality of information provided by design-builders as required by s. 84.01 (32).
84.062(9) (9) Project delivery. An individual identified in a response to a request for qualifications or in a technical proposal may be replaced by a design-builder if the office determines that the new individual meets the qualifications described in the response to the request for qualifications or in the technical proposal and that the individual's qualifications are at least equal to the qualifications of the individual being replaced.
84.062(10) (10) Liability.
84.062(10)(a)(a) Nothing in this section shall be construed as relieving a design-builder of 3rd-party liability or liability for loss or damage to property of the state or a county or municipality.
84.062(10)(b) (b) All design services, including architectural and engineering services, provided under a design-build contract are services and not products.
84.062(12) (12) Rules. The department may promulgate rules necessary to implement this section.
84.062 History History: 2019 a. 9.
84.063 84.063 Utility facilities relocation.
84.063(1)(1)Definitions. In this section:
84.063(1)(a) (a) “Highway improvement" means a state trunk highway improvement project.
84.063(1)(b) (b) “Utility facility" means any pipe, pipeline, duct, wire line, conduit, pole, tower, equipment or other structure, whether aboveground or underground, used for any of the following:
84.063(1)(b)1. 1. The transmission or distribution of electrical power or light.
84.063(1)(b)2. 2. The transmission, distribution or delivery of heat, water, gas, sewer, telegraph or telecommunication services.
84.063(2) (2) Notification.
84.063(2)(a)(a) If a utility facility is within the right-of-way of a proposed highway improvement, the department shall identify the owner and notify the owner in writing of the proposed improvement.
84.063(2)(b) (b) Within a specified period after the date the notice is received, the utility facility owner shall provide the department with a description and the general location of each utility facility in the proposed highway improvement right-of-way.
84.063(3) (3) Plans.
84.063(3)(a)(a) If a utility facility owner provides the information required under sub. (2), the department shall send the utility facility owner at least one set of available project plans for the proposed highway improvement, including the location of the owner's existing utility facilities.
84.063(3)(b) (b) Within a specified period after receiving the project plans, the owner shall provide the department with a work plan. The period of time within which the owner is required to provide the department with a work plan shall reflect whether the utility facility owner is required to coordinate its work plan with another utility facility owner. The work plan provided by the owner shall include all of the following:
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 18 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on August 19, 2019. Published and certified under s. 35.18. Changes effective after August 19, 2019, are designated by NOTES. (Published 8-19-19)