84.06(2)(a)(a) All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in
sub. (3) or
(4) would be more feasible and advantageous. Bids shall be advertised for in the manner determined by the department. Except as provided in
s. 84.075, the contract shall be awarded to the lowest competent and responsible bidder as determined by the department. If the bid of the lowest competent bidder is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, all bids may be rejected. The department shall, so far as reasonable, follow uniform methods of advertising for bids and may prescribe and require uniform forms of bids and contracts. Except as provided in
par. (b), the secretary shall enter into the contract on behalf of the state. Every such contract is exempted from
ss. 16.70 to
16.75,
16.755 to
16.82,
16.87 and
16.89, but
ss. 16.528,
16.752 and
16.754 apply to the contract. Any such contract involving an expenditure of $1,000 or more shall not be valid until approved by the governor. The secretary may require the attorney general to examine any contract and any bond submitted in connection with the contract and report on its sufficiency of form and execution. The bond required by
s. 779.14 (1m) is exempt from approval by the governor and shall be subject to approval by the secretary. This subsection also applies to contracts with private contractors based on bids for maintenance under
s. 84.07.
84.06(2)(b)
(b) The department may designate the governing body of a city, county, village or town as its agent on behalf of the state to perform those bidding and contracting responsibilities under
par. (a) that the department determines are appropriate to delegate. An agent so designated who enters into a contract under this subsection shall do so on behalf of the department and the state, and the state shall be a party to the contract. Any such contract is subject to the conditions specified for contracts entered into by the secretary. The department may authorize an agent who is designated under this paragraph to perform bidding and contracting responsibilities under
par. (a) to administer the resulting contract on behalf of the state.
84.06(3)
(3) Contracts with county or municipality; direct labor; materials. If the department finds that it would be more feasible and advantageous to have the improvement performed by the county in which the proposed improvement is located and without bids, the department may, by arrangement with the county highway committee of the county, enter into a contract satisfactory to the department to have the work done by the county forces and equipment. In such contract the department may authorize the county to purchase, deliver and store materials and may fix the rental rates of small tools and equipment. The contract shall be between the county and the state and shall not be based on bids, and may be entered into on behalf of the county by the county highway committee and on behalf of the state by the secretary. Such contract is exempted from
s. 779.14 and from all provisions of
chs. 16 and
230, except
s. 16.754. If the total estimated indebtedness to be incurred exceeds $5,000 the contract shall not be valid until approved by the governor. The provisions of this subsection relating to agreements between a county and the state shall also authorize and apply to such arrangements between a city, town or a village and the state. In such cases, the governing body of the city, town or village shall enter into the agreement on behalf of the municipality.
84.06(4)
(4) Special contracts with railroads and utilities. If an improvement undertaken by the department will cross or affect the property or facilities of a railroad or public utility company, the department may, upon finding that it is feasible and advantageous to the state, arrange to perform portions of the improvement work affecting such facilities or property or perform work of altering, rearranging or relocating such facilities by contract with the railroad or public utility. Such contract shall be between the railroad company or public utility and the state and need not be based on bids. The contract may be entered into on behalf of the state by the secretary. Every such contract is exempted from
s. 779.14 and from all provisions of
chs. 16 and
230, except
ss. 16.528,
16.752 and
16.754. No such contract in which the total estimated debt to be incurred exceeds $5,000 shall be valid until approved by the governor. As used in this subsection, "public utility" means the same as in
s. 196.01 (5), and includes a telecommunications carrier as defined in
s. 196.01 (8m), and "railroad" means the same as in
s. 195.02. "Property" as used in this subsection includes but is not limited to tracks, trestles, signals, grade crossings, rights-of-way, stations, pole lines, plants, substations and other facilities. Nothing in this subsection shall be construed to relieve any railroad or public utility from any financial obligation, expense, duty or responsibility otherwise provided by law relative to such property.
84.06(6)
(6) Excess cost. Any excess in construction cost over the funds made available for any piece of work, shall be paid from unobligated funds as the department may determine, and any balance shall be credited to the appropriation from which the work was financed.
84.06(7)
(7) Inspection and payment. The department may provide for the inspection of each piece of work to insure its proper performance. All indebtedness incurred under this section for any highway improvement shall be paid out of the available funds subject, if federal aid is utilized, to any applicable federal requirement or regulation.
84.06(8)
(8) Contract for materials. Whenever an improvement has been determined upon and provision has been made for fully financing the cost the department, if it concludes that a probable saving can be effected thereby, may contract for any or all of the materials to be used in the improvement and for the delivery and storage of said materials at suitable points, and pay for the same out of any funds available for the improvement.
84.06(9)
(9) Cattle passes. As a part of any highway improvement or as a separate project under this section, cattle passes may be constructed at places determined to be necessary and practical.
84.06(10)
(10) Study required for highway development projects. The department shall conduct a study of the costs and benefits of each major highway development project which is commenced after July 1, 1980, and funded from the appropriation under
s. 20.395 (3) (bq).
84.06(11)
(11) State trails. As a part of any highway improvement or as a separate project under this section, a portion of a hiking trail, cross-country ski trail, bridle trail or bicycle trail under the management of a state agency, municipality or nonprofit corporation may be incorporated into the highway right-of-way, and facilities for safe crossing of the highway may be provided.
84.06 Cross-reference
Cross-reference: See s.
103.50 for regulation of hours of labor and wage rates under highway contracts based on bids under 84.06 (2).
84.06 Annotation
The department of transportation may make a reevaluation of 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 such reevaluation must be given to the contractor. 63 Atty. Gen. 60.
84.063
84.063
Utility facilities relocation. 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)(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)(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:
84.063(3)(b)1.
1. A copy of the project plans that verifies the location of all of the owner's existing utility facilities specified on the plans by the department and that identifies the owners' proposed location of relocated or additional utility facilities within the right-of-way of the proposed improvement.
84.063(3)(b)2.
2. A plan and a schedule of working days necessary to obtain any approval required by a governmental agency and to accomplish any proposed relocation or adjustment required by the proposed improvement.
84.063(3)(c)
(c) The department shall review and approve a work plan submitted under
par. (b) for compliance with permit requirements and to ensure that the plan is reasonable. Approval of a work plan under this paragraph does not waive any requirement for approval of the work plan by any other governmental agency. The utility facility owner shall notify the department when all required approvals have been obtained. After receiving notification that all approvals have been obtained, the department shall notify the owner of the date on which the owner may proceed with its utility facility relocation work.
84.063(3)(d)
(d) The department shall notify the utility facility owner of any change in the highway improvement that requires additional relocation or adjustment of utility facilities. The department and the owner shall agree on a reasonable time to accomplish the additional work.
84.063(4)(a)(a) If additional utility facility relocation or adjustment work is required under
sub. (3) (d), the department shall reimburse the owner for the additional work.
84.063(4)(b)
(b) The project contractor shall be responsible for any damages negligently caused to a utility facility.
84.063(4)(c)
(c) If the utility facility owner fails to comply with
sub. (3), the department or its contractor shall not be liable to the owner for damages to a utility facility resulting from the highway improvement if the department or its contractor complies with
s. 182.0175 (2), and the owner shall be liable to the department or its contractor for damages resulting from the failure to comply.
84.063(5)
(5) Rules. The department shall promulgate rules to implement and administer this section.
84.063(6)
(6) Applicability. This section first applies to a highway improvement on which construction is scheduled to begin after December 31, 1992, or on the effective date of rules promulgated by the department under
sub. (5), whichever is later.
84.063 History
History: 1991 a. 39.
84.065
84.065
Railroad and utility alteration and relocation loan program. 84.065(1)(1)
Purpose. The purpose of this section is to promote the state's interest in preserving and improving state trunk and connecting highways by means of a program to provide loans for railroad and public utility alterations and relocations associated with highway improvement projects.
84.065(3)
(3) Administration. The department shall administer a loan program to assist public utilities and railroads with the costs of utility and railroad alterations and relocations that are associated with state trunk and connecting highway improvement projects and that are not subject to reimbursement by the department. The department shall have all powers necessary and convenient to implement this section, including the following powers:
84.065(3)(a)
(a) To specify conditions of eligibility for loans under this section. Such conditions shall include the requirement that the utility or railroad alteration or relocation must be part of a planned state trunk or connecting highway improvement project.
84.065(3)(b)
(b) To receive applications for loans under this section and to prescribe the form, nature and extent of the information which shall be contained in applications.
84.065(3)(c)
(c) To establish standards for the approval of loans under this section.
84.065(3)(d)
(d) To enter into loan agreements with applicants to ensure the proper use and prompt repayment of loans under this section. The loan agreement shall permit the loan to be repaid without interest before the date on which the contract for the improvement project with which the utility or railroad alteration is associated is awarded. The loan agreement shall require the payment of interest on the outstanding balance of any loan that is not repaid by the date on which that contract is awarded, accruing from the date on which that contract is awarded. Interest shall be charged at a rate equal to the weekly prime rate for the week prior to the date on which the contract is awarded, as reported by the federal reserve board in federal reserve statistical release H. 15, plus 1%. The loan agreement shall require repayment of the principal and payment of any accrued interest within one year of the date on which the contract is awarded.
84.065(3)(e)
(e) To audit and inspect the records of loan recipients.
84.065(4)
(4) Funds. The department may make loans under this section from the appropriations under
s. 20.395 (3) (bv) and
(cv). The total outstanding balance of loans under this section may not exceed $500,000.
84.065(5)
(5) Rules. The department may promulgate rules as necessary to implement this section.
84.07
84.07
Maintenance of state trunk highways. 84.07(1)
(1)
State expense; when done by county or municipality. The state trunk highway system shall be maintained by the state at state expense. The department shall prescribe by rule specifications for such maintenance and may contract with any county highway committee or municipality to have all or certain parts of the work of maintaining the state trunk highways within or beyond the limits of the county or municipality, including interstate bridges, performed by the county or municipality, and any county or municipality may enter into such contract. General maintenance activities include the application of protective coatings, the removal and control of snow, the removal, treatment and sanding of ice, interim repair of highway surfaces and adjacent structures, and all other operations, activities and processes required on a continuing basis for the preservation of the highways on the state trunk system, and including the care and protection of trees and other roadside vegetation and suitable planting to prevent soil erosion or to beautify highways pursuant to
s. 80.01 (3), and all measures deemed necessary to provide adequate traffic service. Special maintenance activities include the restoration, reinforcement, complete repair or other activities which the department deems are necessary on an individual basis for specified portions of the state trunk system.
84.07(1b)
(1b) Emergency repair and protection of state trunk highways. To accomplish prompt repair, protection or preservation of any state trunk highway which has been closed or is being jeopardized by extraordinary damage by flood, structure failure, slides, or other extraordinary condition of necessity and emergency, the department may, if it is deemed for the best interest of the state, proceed at once to repair or protect the highway with forces and services of private constructors and agencies, summarily engaged by the department and cause said work to be done by negotiated contract or agreement without calling for competitive bids, provided that any such contract or agreement involving an estimated expenditure in excess of $10,000 shall be subject to approval of the governor before it becomes effective.
84.07(1m)
(1m) Mass transit system, maintenance. When the public mass transportation system uses a state trunk highway, such facilities shall be maintained by the state at state expense in accordance with this section. Maintenance shall be performed within the highway right-of-way, upon facilities and lands within the highway corridor, and upon such terminal and parking facilities as may be reasonably adjacent to the highway corridor.
84.07(2)
(2) Repayment for state work. When any county or municipality maintains the state trunk highways within or beyond the limits of the county or municipality, including interstate bridges, in compliance with the arrangement with the department, the department shall pay the actual cost of the maintenance, including the allowance for materials and the use of county or municipal machinery and overhead expenses agreed upon in advance. The payments shall be made upon presentation by the county highway committee or municipal clerk of a properly itemized and verified account. The county highway committee or municipal clerk shall present the itemized accounts for general maintenance work no later than one month following the period during which the work is performed.
84.07(3)
(3) Weed control. The highway patrolman shall destroy all noxious weeds as provided in
s. 66.96 on any highway which he or she patrols.
84.07(4)
(4) Emergency repairs; blocking streets or roads; detours. Except in case of emergency, no city, village or town shall obstruct any street or road over which any state trunk highway is marked unless it first makes arrangements with the department for marking a detour.
84.07(5)
(5) Use of Wisconsin conservation corps. To the greatest extent practicable, the department shall encourage and utilize the Wisconsin conservation corps for appropriate projects under
subs. (1) and
(1b).
84.075
84.075
Contracting with minority businesses. 84.075(1)
(1) In purchasing services under
s. 84.01 (13), in awarding construction contracts under
s. 84.06 and in contracting with private contractors and agencies under
s. 84.07, the department shall attempt to ensure that 5% of the total amount expended in each fiscal year is paid to contractors, subcontractors and vendors which are minority businesses, as defined under
s. 560.036 (1) (e) 1. In attempting to meet this goal, the department may award any contract to a minority business that submits a qualified responsible bid that is no more than 5% higher than the low bid.
84.075(2)
(2) The contractor shall report to the department any amount of the contract paid to subcontractors and vendors which are minority businesses.
84.075(3)
(3) The department shall at least semiannually, or more often if required by the department of administration, report to the department of administration the total amount of money it has paid to contractors, subcontractors and vendors which are minority businesses under
ss. 84.01 (13),
84.06 and
84.07 and the number of contacts with minority businesses in connection with proposed purchases and contracts. In its reports, the department shall include only amounts paid to businesses certified by the department as minority businesses.
84.075 History
History: 1983 a. 27;
1983 a. 390 ss.
4,
6;
1987 a. 27.
84.076
84.076
Disadvantaged business demonstration and training program. 84.076(1)(a)
(a) "Disadvantaged individual" means a minority group member, a woman or any other individual found to be socially and economically disadvantaged by the department as provided in
49 CFR 23.62, unless successfully challenged as provided in
49 CFR 23.69.
84.076(1)(b)
(b) "Disadvantaged business" means a sole proprietorship, partnership, limited liability company, joint venture or corporation that fulfills all of the following requirements, as certified by the department:
84.076(1)(b)1.
1. It is at least 51% owned by one or more disadvantaged individuals who are U.S. citizens or persons lawfully admitted to the United States for permanent residence, as defined under
8 USC 1101 (a) (20).
84.076(1)(b)2.
2. Its management and daily business operations are controlled by one or more of the disadvantaged individuals who own it.
84.076(2)(a)(a) The secretary shall administer a demonstration and training program for the purpose of developing the capability of disadvantaged businesses to participate in construction projects funded under
s. 20.395 (3) (bq),
(bv),
(bx),
(cq),
(cv),
(cx),
(eq),
(ev) and
(ex). From the amounts appropriated under those paragraphs, the secretary shall allocate $4,000,000 each fiscal year for the awarding of contracts under this section. The secretary shall attempt to ensure that 75% of the amount so allocated each fiscal year is for the awarding of contracts under this section to minority businesses. The secretary may award 100% of the amount so allocated each fiscal year to one disadvantaged business.
84.076(2)(b)
(b) The secretary shall establish requirements for programs of preapprenticeship training and management and technical assistance designed to develop the expertise of disadvantaged individuals and disadvantaged businesses in transportation construction.
84.076(3)
(3) Bids, contracts. Section 84.06 (2) applies to bids and contracts under this section, except that the secretary shall reject low bids that do not satisfy the requirements under
sub. (4). The secretary shall establish a list of disadvantaged businesses that are eligible to submit bids for contracts awarded under this section and subcontractors who meet the requirements under
sub. (4) (b). Each bid submitted under this section shall include the agreement specified under
sub. (4) and all of the following conditions:
84.076(3)(a)
(a) A goal that at least 25% of the total number of workers in all construction trades employed on the project will be disadvantaged individuals.
84.076(3)(b)
(b) A subcontracting plan that provides sufficient detail to enable the secretary to determine that the prime contractor has made or will make a good faith effort to award at least 20% of the total contract amount to bona fide independent disadvantaged business subcontractors.
84.076(4)
(4) Contractor responsibilities. Each contractor shall agree to do one of the following in its bid submitted under
sub. (3):
84.076(4)(a)1.1. Assure that the contractor has developed a program of preapprenticeship training that satisfies the requirements established by the secretary under
sub. (2) (b) and has experience in providing the training to disadvantaged individuals; and
84.076(4)(a)2.
2. Assure that the contractor has developed and has experience in providing a program of management and technical assistance to disadvantaged business subcontractors. The management and technical assistance program shall satisfy the requirements established by the secretary under
sub. (2) (b) and shall include all of the following:
84.076(4)(a)2.c.
c. The provision of other management services necessary to assist disadvantaged businesses in developing construction capabilities and opportunities for participation in construction projects.
84.076(4)(b)
(b) Obtain from a subcontractor that has experience in providing training to disadvantaged individuals a program of preapprenticeship training that satisfies the requirements established by the secretary under
sub. (2) (b), and assure that the subcontractor has experience in providing a program of management and technical assistance to disadvantaged business contractors, and that the subcontractor's management and technical assistance program satisfies the requirements established by the secretary under
sub. (2) (b) and includes all of the requirements of
par. (a) 2. A subcontractor under this paragraph need not be a disadvantaged business, but if the subcontractor is not a disadvantaged business, it may not be included within the goal established under
sub. (3) (b).
84.076(5)
(5) Sunset. This section does not apply after the later of the following:
