SB198: Bill Text

SB198, s. 3 Section 3. 60.47 (2) (a) of the statutes is amended to read:

SB198,5,14 60.47 (2) (a) No town may enter into a public contract with an estimated cost of more than $5,000 but not more than $10,000 $20,000 unless the town board, or a town official or employe designated by the town board, gives a class 1 notice under ch. 985 before execution of that public contract.

SB198, s. 4 Section 4. 60.47 (2) (b) of the statutes is amended to read:

SB198,5,20 60.47 (2) (b) No town may enter into a public contract with a value of more than $10,000 $20,000 unless the town board, or a town official or employe designated by the town board, advertises for proposals to perform the terms of the public contract by publishing a class 2 notice under ch. 985. The town board may provide for additional means of advertising for bids.

SB198, s. 5 Section 5. 60.47 (2m) of the statutes is created to read:

SB198,5,25 60.47 (2m) Design-build contracts. Any public contract under sub. (2), the estimated cost of which exceeds $1,000,000, may be let using the design-build construction process, as defined in s. 59.52 (29) (c) 1. Section 59.52 (29) (d) and (e), as it applies to counties, applies to towns.

SB198, s. 6 Section 6. 60.47 (5) of the statutes is amended to read:

SB198,6,9 60.47 (5) Exception for emergencies and donated materials and labor. This section is optional with respect to public contracts for the repair and construction of public facilities when damage or threatened damage to the facility creates an emergency, as declared by resolution of the town board, that endangers the public health or welfare of the town. This subsection no longer applies when the town board declares that the emergency no longer exists. This section is optional with respect to a public contract if the materials related to the contract are donated or if the labor that is necessary to execute the public contract is provided by volunteers.

SB198, s. 7 Section 7. 61.55 of the statutes is amended to read:

SB198,7,2 61.55 Contracts involving over $10,000; how let; exception. All contracts for public construction, in any such village, exceeding $10,000 $20,000, shall be let by the village board to the lowest responsible bidder in accordance with s. 66.29 insofar as said section may be applicable. If the estimated cost of any public construction exceeds $5,000, but is not greater than $10,000 $20,000, the village board shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed. This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers, and this provision and s. 281.41 are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the village board, in which the public health or welfare of the village is endangered. Whenever the village board by majority vote at a regular or special meeting declares that an emergency no longer exists, this exemption no longer applies. Any contract for public construction under this section, the estimated cost of which exceeds $1,000,000, may be let using the design-build construction process, as defined in s. 59.52 (29) (c) 1. Section 59.52 (29) (d) and (e), as it applies to counties, applies to villages.

SB198, s. 8 Section 8. 62.03 (1) of the statutes is amended to read:

SB198,7,6 62.03 (1) This subchapter, except ss. 62.071, 62.08 (1), 62.09 (1) (e) and (11) (j) and (k), 62.15 (1m) (b), 62.175 and 62.23 (7) (em) and (he), does not apply to 1st class cities under special charter.

SB198, s. 9 Section 9. 62.15 (1) of the statutes is amended to read:

SB198,7,18 62.15 (1) Contracts; how let; exception for donated materials and labor. All public construction, the estimated cost of which exceeds $10,000 $20,000, shall be let by contract to the lowest responsible bidder; all other public construction shall be let as the council may direct. If the estimated cost of any public construction exceeds $5,000 but is not greater than $10,000 $20,000, the board of public works shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed. This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. The council may also by a vote of three-fourths of all the members-elect provide by ordinance that any class of public construction or any part thereof may be done directly by the city without submitting the same for bids.

SB198, s. 10 Section 10. 62.15 (1m) of the statutes is created to read:

SB198,7,23 62.15 (1m) Design-build contracts. (a) Any contract for public construction under sub. (1), the estimated cost of which exceeds $1,000,000, may be let using the design-build construction process, as defined in s. 59.52 (29) (c) 1. Section 59.52 (29) (d) and (e), as it applies to counties, applies to cities.

SB198,8,2 (b) Any contract for public construction, the estimated cost of which exceeds $1,000,000, let by a 1st class city may be let using the design-build construction process, as defined in s. 59.52 (29) (c) 1. Section 59.52 (29) (d) and (e), as it applies to counties, applies to 1st class cities.

SB198, s. 11 Section 11. 66.24 (5) (d) of the statutes is amended to read:

SB198,8,14 66.24 (5) (d) Bids. Whenever plans and specifications for any facilities have been completed and approved by the commission and by any other agency which must approve the plans and specifications, and the commission has determined to proceed with the work of the construction thereof, it shall advertise by a class 2 notice under ch. 985, for bids for the construction of the facilities. Contracts for the work shall be let to the lowest responsible bidder, except for contracts awarded under par. (e), or the agency may reject any and all bids and if in its discretion the prices quoted are unreasonable, the bidders irresponsible or the bids informal, it may readvertise the work or any part of it. All contracts shall be protected by such bonds, penalties and conditions as the district shall require. The commission may itself do any part of any of the works.

SB198, s. 12 Section 12. 66.24 (5) (e) of the statutes is created to read:

SB198,8,19 66.24 (5) (e) Design-build contracts. Any contract for public construction under this subsection, the estimated cost of which exceeds $1,000,000, may be let using the design-build construction process, as defined in s. 59.52 (29) (c) 1. Section 59.52 (29) (d) and (e), as it applies to counties, applies to districts.

SB198, s. 13 Section 13. 66.904 (2) (a) of the statutes is amended to read:

SB198,9,5 66.904 (2) (a) Except for a contract awarded under par. (am) and except as provided in par. (b), all work done and all purchases of supplies and materials by the commission shall be by contract awarded to the lowest responsible bidder complying with the invitation to bid, if the work or purchase involves an expenditure of $7,500 $20,000 or more. If the commission decides to proceed with construction of any sewer after plans and specifications for the sewer are completed and approved by the commission and by the department of natural resources under ch. 281, the commission shall advertise by a class 2 notice under ch. 985 for construction bids. All contracts and the awarding of contracts are subject to s. 66.29 , except for a contract awarded under par. (am).

SB198, s. 14 Section 14. 66.904 (2) (am) of the statutes is created to read:

SB198,9,10 66.904 (2) (am) Any contract for public construction under sub. (1), the estimated cost of which exceeds $1,000,000, may be let using the design-build construction process, as defined in s. 59.52 (29) (c) 1. Section 59.52 (29) (d) and (e), as it applies to counties, applies to the district.

SB198, s. 15 Section 15. 66.904 (2) (e) of the statutes is amended to read:

SB198,9,13 66.904 (2) (e) Paragraphs (a) to and (b) to (d) do not apply to contracts awarded under s. 66.905. Paragraph (am) applies to contracts awarded under s. 66.905.

SB198, s. 16 Section 16. 281.01 (3e) of the statutes is created to read:

SB198,9,16 281.01 (3e) "Design-build construction process" has the meaning given in s. 59.52 (29) (c) 1.

SB198, s. 17 Section 17. 281.41 (1) of the statutes is amended to read:

SB198,9,25 281.41 (1) Except as provided under sub. (2), every owner, within the time prescribed by the department, shall file with the department a certified copy of complete plans of a proposed system or plant or extension thereof, in scope and detail satisfactory to the department, and, if required, of existing systems or plants, and such other information concerning maintenance, operation and other details as the department requires, including the information specified under s. 281.35 (5) (a), if applicable. Owners contracting for a system, plant or extension under the design-build construction process may submit to the department performance objectives and preliminary designs in a form that is satisfactory to the department, rather than complete plans. Material changes with a statement of the reasons shall be likewise submitted. Before plans are drawn a statement concerning the improvement may be made to the department and the department may, if requested, outline generally what it will require. Upon receipt of such plans for approval, the department or its duly authorized representative shall notify the owner of the date of receipt. Within 90 days from the time of receipt of complete plans or within the time specified in s. 281.35 (5) (c), if applicable, the department or its authorized representative shall examine and take action to approve, approve conditionally or reject the plans and shall state in writing any conditions of approval or reasons for rejection. Approval or disapproval of such plans and specifications shall not be contingent upon eligibility of such project for federal aid. The time period for review may be extended by agreement with the owner if the plans and specifications cannot be reviewed within the specified time limitation due to circumstances beyond the control of the department or in the case of extensive installation involving expenditures of $350,000 or more. The extension shall not exceed 6 months. Failure of the department or its authorized representative to act before the expiration of the time period allowed for review shall constitute an approval of the plans, and upon demand a written certificate of approval shall be issued. Approval may be subject to modification by the department upon due notice. Construction or material change shall be according to approved plans only. The department may disapprove plans which are not in conformance with any existing approved areawide waste treatment management plan prepared pursuant to the federal water pollution control act, P.L. 92-500, as amended, and shall disapprove plans that do not meet the grounds for approval specified under s. 281.35 (5) (d), if applicable. The department shall require each person whose plans are approved under this section to report that person's volume and rate of water withdrawal, as defined under s. 281.35 (1) (m), and that person's volume and rate of water loss, as defined under s. 281.35 (1) (L), if any, in the form and at the times specified by the department.

SB198,11,5 (End)