AB40: Bill Text

AB40,102,14 2. Notwithstanding sub. (1m) or (14) (e), the department may waive the condition of certification as a qualified bidder if the project is of such magnitude as to limit competition if the conditions under par. (b) 1. were required.

AB40,102,20 3. The department shall consider for certification under par. (b) associations consisting of at least 2 contracting firms that are organized for the purpose of entering into a construction contract as a single entity if at least one of the contracting firms is qualified under par. (b) and if the assignment of, and provisions for the continuity of, the various responsibilities within the association are agreed upon before the contract is awarded.

AB40,102,22 (b) 1. To be certified as a qualified bidder, a bidder must meet all of the following conditions:

AB40,103,2 a. The bidder has completed at least one project that involved similar work to the work being bid and the project was at least 50 percent of the size or value of the division of the project being bid. If the department determines that more experience is necessary for a particular project, the department may include additional requirements in the specifications and certify bidders accordingly.

AB40,103,5 b. The bidder has access to all necessary equipment and the organizational capacity and technical competence necessary to perform the project work properly and expeditiously.

AB40,103,7 2. To be certified as a responsible bidder, a bidder must meet all of the following conditions:

AB40,103,8 a. The bidder maintains a permanent place of business.

AB40,103,12 b. The bidder submits a sworn statement, upon the department's request, that indicates that the bidder has adequate financial resources to complete the work being bid, taking into account any other work the bidder is currently under contract to complete.

AB40,103,13 c. The bidder is bondable for the term of the proposed contract.

AB40,103,21 d. The bidder has a record of satisfactorily completing projects. In determining this factor, the department shall consider if the bidder has completed all contracts in accordance with drawings and specifications; diligently pursued execution of the work and completed contracts according to the time schedule, taking account of extensions granted; fulfilled guarantee requirements of contracts; if the contract included an affirmative action program requirement, complied with the requirement; and, if the contract included a safety program requirement, complied with the requirement.

AB40,103,24 e. The bidder is not on an ineligible list that the department maintains under s. 16.705 (9) or 16.765 (9) or on a list that another agency maintains for persons who violated construction-related statutes or administrative rules.

AB40,103,25 f. The bidder has been in business for at least 12 months.

AB40,104,1 g. The bidder is a legal entity and authorized to do business in Wisconsin.

AB40,104,3 h. The bidder has performed at least one other public project for a government entity.

AB40,104,5 i. The bidder can provide information, upon request, to the department on the bidder's ownership, management, and control.

AB40,104,8 j. In any jurisdiction, the bidder, in the previous 10 years, has not been debarred from any government contracts and has not been found to have committed tax avoidance or evasion.

AB40,104,12 k. In any jurisdiction, in the previous 10 years, the bidder has not been disciplined under a professional license and none of the bidder's employees and no member of the bidder's organization has been disciplined under a professional license.

AB40,145 Section 145. 16.855 (10m) (am) 3. of the statutes is amended to read:

AB40,104,18 16.855 (10m) (am) 3. The department may award any contract to a minority business or disabled veteran-owned business, or a business that is both a minority business and a disabled veteran-owned business, that if the business is a qualified responsible bidder and the business submits a qualified responsible bid that is no more than 5 percent higher than the apparent low bid.

AB40,146 Section 146. 16.855 (13) of the statutes is repealed and recreated to read:

AB40,104,24 16.855 (13) (a) In any project under this section let under single prime contracting, the department shall identify, as provided under par. (b), necessary mechanical, electrical, or plumbing subcontractors who are qualified responsible bidders and a general prime contractor who is submitting a bid under sub. (14) shall include the selected subcontractors.

AB40,105,10 (b) For purposes of selecting subcontractors under par. (a), the department shall develop and administer an open and public bidding process and follow the requirements and procedures under sub. (2). Within 48 hours of bid submission, the department shall make available on the department Internet site the names of the bidders and the amount of the bid. No more than 7 days after the deadline for bid submission, the department shall provide public notice of the lowest bidders who are qualified responsible bidders. The department shall make available on its Internet site the bids, including the bid documents, identified under this paragraph as the lowest bidders and they shall be open to public inspection. No other bids under this paragraph may be on the Internet site or open to public inspection.

AB40,147 Section 147. 16.855 (14) (a) of the statutes is renumbered 16.855 (14) (d) and amended to read:

AB40,105,23 16.855 (14) (d) If a project requires prior approval of the building commission under s. 13.48 (10) (a) and bids are required to be solicited under sub. (2), the department shall take both single bids and separate bids on any division of the work that it designates. If a project does not require prior approval of the building commission under s. 13.48 (10) (a) and bids are required to be solicited under sub. (2), the department may take single bids or separate bids on any division of the work that it designates. If the department awards contracts by the division of work, the department shall award the contracts according to the division of work selected for bidding. Except as provided in sub. (10m) (am), the department shall award all single prime contracts to the lowest bidder who is a qualified responsible bidder or bidders that result results in the lowest total construction cost for the project.

AB40,148 Section 148. 16.855 (14) (am) of the statutes is created to read:

AB40,106,2 16.855 (14) (am) Except as provided in s. 13.48 (19), the department shall let all construction projects that exceed $185,000 through single prime contracting.

AB40,149 Section 149. 16.855 (14) (b) of the statutes is amended to read:

AB40,106,8 16.855 (14) (b) The state is not liable to a prime contractor for damage from delay caused by another prime contractor if the department takes reasonable action to require the delaying prime contractor to comply with its contract. If the state is not liable under this paragraph, the delayed prime contractor may bring an action for damages against the delaying prime contractor.

AB40,150 Section 150 . 16.855 (14) (bm) of the statutes is created to read:

AB40,106,13 16.855 (14) (bm) If the bid is being let through single prime contracting, bidders for the general prime contractor who are responsible qualified bidders shall submit their bids to the department no later than 7 days after the successful subcontractor bids become available to the public under sub. (13) (b).

AB40,151 Section 151 . 16.855 (14) (c) of the statutes is created to read:

AB40,106,19 16.855 (14) (c) The department shall reject any bid for the general prime contractor from a bidder who submits a bid that includes contractors other than the ones selected under sub. (13) (a). The award of a contract may not be finalized until the department approves the required performance bond and certificate of insurance.

AB40,152 Section 152. 16.855 (14) (e) of the statutes is created to read:

AB40,107,4 16.855 (14) (e) Within 30 days after the deadline under par. (bm), the department shall notify the successful general prime contractor bidder of its selection. The contractor who is awarded the contract shall enter into contracts with the mechanical, electrical, or plumbing subcontractors selected under par. (13) (a) and shall comply with the requirements under sub. (14m). The department shall make the final bid results available on its Internet site at the time it provides the written, official notice to the successful general prime contractor bidder notifying the contractor that the contract is fully executed and that the contractor is authorized to begin work on the project.

AB40,153 Section 153 . 16.855 (14m) of the statutes is created to read:

AB40,107,8 16.855 (14m) (a) The department shall develop a standard contract for a general prime contractor selected under sub. (14) to use and shall include in the contract all of the following:

AB40,107,11 1. A requirement that all subcontractors selected under sub. (13) (a) provide a 100 percent performance bond and a 100 percent payment bond to the benefit of the general prime contractor as the only obligee.

AB40,107,14 2. A delineation of the responsibilities, insurance requirements, indemnification obligations, claims processes, and termination rights and protections of all subcontractors selected under sub. (13) (a).

AB40,107,15 3. A requirement that the general prime contractor is subject to s. 16.528 (2m).

AB40,107,17 4. A schedule for payment from the general prime contractor to a subcontractor that is consistent with sub. (19) (b).

AB40,107,19 (b) Neither a general prime contractor nor a subcontractor selected under sub. (13) (b) may amend a contract developed under par. (a).

AB40,154 Section 154. 16.855 (19) of the statutes is renumbered 16.855 (19) (a) and amended to read:

AB40,108,13 16.855 (19) (a) As the work progresses under any contract for construction of a project the department, from time to time, shall grant to the contractor an estimate of the amount and proportionate value of the work done, which shall entitle the contractor to receive the amount thereof, less the retainage, from the proper fund. The retainage shall be an amount equal to not more than 5% of the estimate until 50% of the work has been completed. At 50% completion, no additional amounts shall be retained, and partial payments shall be made in full to the contractor unless the architect or engineer department certifies that the job is not proceeding satisfactorily. At 50% completion or any time thereafter when the progress of the work is not satisfactory, additional amounts may be retained but in no event shall the total retainage be more than 10% of the value of the work completed. Upon substantial completion of the work, an any amount retained may shall be paid to the contractor, less the value of any required corrective work or uncompleted work. For the purposes of this section, estimates may include any fabricated or manufactured materials and components specified, previously paid for by contractor and delivered to the work or properly stored and suitable for incorporation in the work embraced in the contract.

AB40,108,14 (c) This subsection does not apply to contracts awarded under s. 16.858.

AB40,155 Section 155. 16.855 (19) (b) of the statutes is created to read:

AB40,109,7 16.855 (19) (b) As the work progresses under any subcontract under sub. (14) (e) for construction of a project, the general prime contractor shall, upon request of a subcontractor, pay to the subcontractor an amount equal to the proportionate value of the subcontractor's work done, less retainage. The retainage shall be an amount equal to not more than 5 percent of the subcontractor's work completed until 50 percent of the subcontractor's work has been completed. At 50 percent completion, no additional amounts may be retained, and partial payments shall be made in full to the subcontractor unless the department certifies that the subcontractor's work is not proceeding satisfactorily. At 50 percent completion or any time thereafter when the progress of the subcontractor's work is not satisfactory, additional amounts may be retained but the total retainage may not be more than 10 percent of the value of the work completed. Upon substantial completion of the subcontractor's work, any amount retained shall be paid to the subcontractor, less the value of any required corrective work or uncompleted work. All payments the general prime contractor makes under this paragraph shall be within 7 calendar days after the date on which the general prime contractor receives payment from the department for the work performed.

AB40,156 Section 156. 16.957 (1) (gg) of the statutes is repealed.

AB40,157 Section 157. 16.957 (2) (a) (intro.) of the statutes is amended to read:

AB40,109,16 16.957 (2) (a) Low-income programs. (intro.) After holding a hearing, establish programs to be administered by the department for awarding grants from the appropriation under s. 20.505 (3) (r) to provide low-income assistance. In each fiscal year, the amount awarded under this paragraph shall be sufficient to ensure that an amount equal to 47% 50% of the sum of the following, or the amount determined under par. (d) 2m., is spent allocated for weatherization and other energy conservation services:

AB40,158 Section 158. 16.957 (2) (a) 1. of the statutes is repealed.

AB40,159 Section 159. 16.957 (2) (a) 3. of the statutes is amended to read:

AB40,109,20 16.957 (2) (a) 3. All The moneys spent in a fiscal year on programs established under this paragraph collected in low-income assistance fees under sub. (4) (a).

AB40,160 Section 160. 16.957 (2) (d) 2m. of the statutes is repealed.

AB40,161 Section 161. 16.964 (title) of the statutes is repealed.

AB40,162 Section 162. 16.964 (1g) of the statutes is repealed.

AB40,163 Section 163. 16.964 (1m) (intro.) of the statutes is repealed.

AB40,164 Section 164. 16.964 (1m) (a) and (b) of the statutes are consolidated, renumbered 165.25 (13) and amended to read:

AB40,110,10 165.25 (13) Juvenile justice improvement plan. Serve as the state planning agency under the juvenile justice and delinquency prevention act of 1974, P.L. 93-415. (b) Prepare The department shall prepare a state comprehensive juvenile justice improvement plan on behalf of the governor. The plan shall be submitted to the governor, the joint committee on finance in accordance with s. 16.54, and to the appropriate standing committees of each house of the legislature as determined by the presiding officer of each house. The plan shall be updated periodically and shall be based on an analysis of the state's juvenile justice needs and problems.

AB40,165 Section 165. 16.964 (1m) (c) of the statutes is repealed.

AB40,166 Section 166. 16.964 (1m) (d) of the statutes is renumbered 165.25 (14) and amended to read:

AB40,110,16 165.25 (14) Cooperation and assistance. Cooperate with and render technical assistance to state agencies and units of local government and public or private agencies relating to the criminal and juvenile justice system.

AB40,167 Section 167. 16.964 (1m) (e) of the statutes is renumbered 165.25 (15) and amended to read:

AB40,110,22 165.25 (15) Contracts and expenditures. Apply for contracts or receive and expend for its purposes any appropriation or grant from the state, a political subdivision of the state, the federal government or any other source, public or private, in accordance with the statutes.

AB40,168 Section 168. 16.964 (1m) (f) of the statutes is renumbered 165.845 (1) (c).

AB40,169 Section 169. 16.964 (1m) (g) of the statutes is renumbered 165.845 (1) (a) and amended to read:

AB40,111,7 165.845 (1) (a) Collect information concerning the number and nature of offenses known to have been committed in this state and such other information as may be useful in the study of crime and the administration of justice. The office department of justice may determine any other information to be obtained regarding crime and justice system statistics. The information shall include data requested by the federal bureau of investigation under its system of uniform crime reports for the United States.

AB40,170 Section 170. 16.964 (1m) (h) of the statutes is renumbered 165.845 (1) (b) and amended to read:

AB40,111,13 165.845 (1) (b) Furnish all reporting officials with forms or instructions or both that specify the nature of the information required under par. (g) (a), the time it is to be forwarded, the method of classifying and any other matters that facilitate collection and compilation.

AB40,171 Section 171. 16.964 (1m) (i) of the statutes is renumbered 321.03 (1) (e).

AB40,172 Section 172. 16.964 (2) of the statutes is renumbered 165.845 (2) and amended to read:

AB40,111,23 165.845 (2) All persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the office department of justice with the information described in sub. (1m) (g) (1) (a) on the basis of the forms or instructions or both to be supplied by the office department under sub. (1m) (g) (1) (a). The department may conduct an audit to determine the accuracy of the data and other information it receives from law enforcement agencies and other criminal and juvenile justice system agencies.

AB40,173 Section 173. 16.964 (3) of the statutes is repealed.

AB40,174 Section 174. 16.964 (5) of the statutes is renumbered 165.986, and 165.986 (1), (2), (3) (intro.), (4) and (6), as renumbered, are amended to read:

AB40,112,12 165.986 (1) The office department of justice shall provide grants from the appropriation under s. 20.505 (6) (kb) 20.455 (2) (kb) to cities to employ additional uniformed law enforcement officers whose primary duty is beat patrolling. A city is eligible for a grant under this subsection section in fiscal year 1994-95 if the city has a population of 25,000 or more. A city may receive a grant for a calendar year if the city applies for a grant before September 1 of the preceding calendar year. Grants shall be awarded to the 10 eligible cities submitting an application for a grant that have the highest rates of violent crime index offenses in the most recent full calendar year for which data is available under the uniform crime reporting system of the federal bureau of investigation.

AB40,112,19 (2) A city applying to the office department of justice for a grant under this subsection section shall include a proposed plan of expenditure of the grant moneys. The grant moneys that a city receives under this subsection section may be used for salary and fringe benefits only. Except as provided in par. (c) sub. (3), the positions for which funding is sought must be created on or after April 21, 1994, and result in a net increase in the number of uniformed law enforcement officers assigned to beat patrol duties.

AB40,113,2 (3) (intro.) During the first 6 months of the first year of a grant, a city may, with the approval of the office department, use part of the grant for the payment of salary and fringe benefits for overtime provided by uniformed law enforcement officers whose primary duty is beat patrolling. A city may submit a request to the office department for a 3-month extension of the use of the grant for the payment of overtime costs. To be eligible to use part of the first year's grant for overtime costs, the city shall provide the office department with all of the following:

AB40,113,10 (4) The office department shall develop criteria which, notwithstanding s. 227.10 (1), need not be promulgated as rules under ch. 227, for use in determining the amount to grant to cities under this subsection section. The office department may not award an annual grant in excess of $150,000 to any city. The office department shall review any application and plan submitted under par. (b) sub. (2) to determine if that application and plan meet the requirements of this subsection section. The grant that a city receives under this subsection section may not supplant existing local resources.

AB40,113,14 (6) The office department may make grants to additional cities with a population of 25,000 or more after fiscal year 1994-95. Eligibility for grants under this paragraph subsection shall be determined and allocations made as provided in this subsection section.

AB40,175 Section 175. 16.964 (8) of the statutes is renumbered 165.987, and 165.987 (1), (2) and (3), as renumbered, are amended to read:

AB40,113,24 165.987 (1) From the appropriations under s. 20.505 (6) (d) and (kj) 20.455 (2) (cr) and (kj), the office department of justice shall allocate $500,000 in each fiscal year to enter into a contract with an organization to provide services in a county having a population of 500,000 or more for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs. Notwithstanding s. 16.75, the office department may enter into a contract under this paragraph subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

AB40,114,5 (2) From the appropriation under s. 20.505 (6) (km) 20.455 (2) (k), the office department of justice may not distribute more than $300,000 in each fiscal year to the organization that it has contracted with under par. (a) sub. (1) for alcohol and other drug abuse education and treatment services for participants in that organization's youth diversion program.

AB40,114,25 (3) From the appropriations under s. 20.505 (6) (d) and (kj) 20.455 (2) (cr) and (kj) the office department of justice shall allocate $150,000 in each fiscal year to enter into a contract with an organization to provide services in Racine County, $150,000 in each fiscal year to enter into a contract with an organization to provide services in Kenosha County, $150,000 in each fiscal year to enter into a contract with an organization that is located in ward 2 in the city of Racine to provide services in Racine County, and $150,000 in each fiscal year to enter into a contract with an organization to provide services in Brown County, and from the appropriation under s. 20.505 (6) (kj) 20.455 (2) (kj), the department shall allocate $100,000 in each fiscal year to enter into a contract with an organization, for the diversion of youths from gang activities into productive activities, including placement in appropriate educational, recreational, and employment programs, and for alcohol or other drug abuse education and treatment services for participants in that organization's youth diversion program. The organization that is located in ward 2 in the city of Racine shall have a recreational facility, shall offer programs to divert youths from gang activities, may not be affiliated with any national or state association, and may not have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s. 16.75, the office department may enter into a contract under this paragraph subsection without soliciting bids or proposals and without accepting the lowest responsible bid or offer.

AB40,176 Section 176. 16.964 (11) of the statutes is repealed.

AB40,177 Section 177. 16.964 (12) (a) to (j) of the statutes are renumbered 165.95 (1) to (10), and 165.95 (1) (intro.), (2), (2r), (3) (intro.) and (k), (4), (5), (5m) (intro.), (6), (7), (7m), (8), (9) and (10), as renumbered, are amended to read:

AB40,115,6 165.95 (1) (intro.) In this subsection section, "violent offender" means a person to whom one of the following applies:

AB40,115,14 (2) The office department of justice shall make grants to counties to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The office department of justice shall make the grants from the appropriations under s. 20.505 (6) (b), (kn), and (ku) 20.455 (2) (em), (kn), and (kv). The office department of justice shall collaborate with the departments of corrections and health and family services in establishing this grant program.

AB40,115,17 (2r) Any county that receives a grant under this subsection section on or after January 1, 2012, shall provide matching funds that are equal to 25 percent of the amount of the grant.

AB40,115,19 (3) (intro.) A county shall be eligible for a grant under par. (b) sub. (2) if all of the following apply:

AB40,115,22 (k) The county complies with other eligibility requirements established by the office department of justice to promote the objectives listed in subds. 1. and 2 pars. (a) and (b).