84.01(30)
(30) Build-operate-lease or transfer agreements. The department may enter into build-operate-lease or transfer agreements with private entities for the construction of transportation projects, including any projects to be financed under
s. 84.59 for transportation administrative facilities under
s. 84.01 (28) and, for projects that are not purchased by the state upon their completion, for the maintenance and operation of such projects. A project under this subsection may be constructed on state-owned land. An agreement under this subsection may not be entered into unless the department determines that the agreement advances the public interest, and the private entity has prior experience in design, construction, site development and environmental impact analysis and, for a project that is not expected to be purchased by the state upon its completion, has the capability of maintaining and operating the facility upon completion of the project. The following provisions shall be contained in any build-operate-lease or transfer agreement under this subsection:
84.01(30)(a)
(a) A provision specifying that title is held by the private entity until title is transferred to the department pursuant to a lease with option to purchase at fair market value or purchase at fair market value of the constructed project upon its completion.
84.01(30)(b)
(b) If the agreement contains a lease that provides for payments to be made by the state from moneys that have not been appropriated at the time that the agreement is entered into, a provision containing the statement required under
s. 16.75 (3).
84.01(30)(c)
(c) A provision specifying that the project shall be constructed in accordance with requirements and specifications approved by the department of administration or, if the project is not a transportation administrative facility, approved by the department of transportation.
84.01(30)(d)
(d) A provision permitting inspection by agents of the department of transportation until title transfers as provided under
par. (a) or by agents of the department of administration during construction.
84.01(30)(e)
(e) If applicable, a provision specifying that any operation and maintenance under the agreement by the private entity shall be conducted in accordance with requirements and specifications approved by the department.
84.01(30)(f)
(f) A provision establishing a mechanism for the resolution of disputes.
84.01(30)(g)1.1. In this paragraph, "park-and-ride facility" means a facility with a parking lot and, within a reasonable walking distance, a station or transfer point where commuters access a mass transit system.
84.01(30)(g)2.
2. If the department determines that such a provision advances the public interest, a provision exempting the private entity from the restrictions under
ss. 84.25 (11) and
86.19 (1), and specifying any requirements that the department determines will practicably advance the purposes of
ss. 84.25 (11) and
86.19 (1). This subdivision applies only to park-and-ride facilities.
84.01 History
History: 1971 c. 40,
125;
1973 c. 12;
1973 c. 243 s.
82;
1975 c. 189;
1977 c. 29 ss.
918 to
924,
1654 (1), (8) (a), (f),
1656 (43);
1977 c. 190,
272;
1979 c. 221,
314;
1981 c. 346 s.
38;
1983 a. 27,
130;
1985 a. 29,
300;
1987 a. 27;
1989 a. 31,
125,
345;
1993 a. 246;
1995 a. 225,
338;
1997 a. 27,
106;
1999 a. 9.
84.011
84.011
Who to sign contracts. The secretary, or the secretary's designees, may sign and execute in the name of the department any conveyance or any contract or agreement with the federal government or its departments, subdivisions of the state, corporations, limited liability companies, associations, partnerships and individuals.
84.011 History
History: 1977 c. 29;
1993 a. 112,
490.
84.012
84.012
Setoffs. All amounts owed by this state under this chapter are subject to being set off under
s. 73.12.
84.012 History
History: 1985 a. 29.
84.013
84.013
Highway projects. 84.013(1)(a)
(a) "Major highway project" means a project, except a project providing an approach to a bridge over a river that forms a boundary of the state, which has a total cost of more than $5,000,000 and which involves any of the following:
84.013(1)(a)1.
1. Constructing a new highway 2.5 miles or more in length.
84.013(1)(a)2.
2. Reconstructing or reconditioning an existing highway by either of the following:
84.013(1)(a)2.b.
b. Adding one or more lanes 5 miles or more in length to the existing highway.
84.013(1)(a)3.
3. Improving to freeway standards 10 miles or more of an existing divided highway having 2 or more lanes in either direction.
84.013(1)(b)
(b) "Reconditioning" means work in addition to resurfacing. "Minor reconditioning" includes pavement widening and shoulder paving. "Major reconditioning" includes improvement of an isolated grade, curve, intersection or sight distance problem to improve safety. Major reconditioning projects may require additional property acquisition.
84.013(1)(c)
(c) "Reconstruction" means total rebuilding of an existing highway to improve maintainability, safety, geometrics and traffic service. It is accomplished basically on existing alignment, and major elements may include flattening of hills and grades, improvement of curves, widening of the roadbed, and elimination or shielding of roadside obstacles. Normally reconstruction will require additional property acquisition.
84.013(1)(d)
(d) "Resurfacing" means placing a new surface on an existing highway to provide a better all-weather surface and a better riding surface, and to extend or renew the pavement life. It generally involves no improvement in capacity or geometrics. Resurfacing may include some elimination or shielding of roadside obstacles, culvert replacements, signals, marking, signing and intersection improvements. Usually no additional property acquisition is required; except possible minor acquisition for drainage and intersection improvements.
84.013(3)
(3) The department may proceed with construction of the following major highway projects:
84.013(3)(a)
(a) USH 12/18 extending easterly from the intersection with Fish Hatchery Road to I 90, designated as the south Madison beltline, in Dane County.
84.013(3)(ab)
(ab) STH 11 extending approximately 7.6 miles from west of Burlington to STH 36/83 east of Burlington, designated as the Burlington bypass, in Walworth and Racine counties.
84.013(3)(ac)
(ac) USH 12 extending approximately 11.6 miles from the junction of USH 12 and I 90/94 to approximately 0.75 miles south of Ski Hi Road in Sauk County.
84.013(3)(ae)
(ae) USH 53 extending approximately 6.2 miles between I 90 and USH 14/61 near 7th Street in La Crosse, La Crosse County.
84.013(3)(ag)
(ag) STH 57 extending approximately 17.3 miles from the junction of STH 57 with CTH "A" to STH 42 in Kewaunee and Door counties.
84.013(3)(ai)
(ai) USH 141 extending approximately 15.4 miles between Lemere Road and 6th Road in Oconto and Marinette counties.
84.013(3)(ak)
(ak) USH 151 extending approximately 18 miles between the junction of USH 151 and CTH "HH" south of Dickeyville to west of Belmont in Grant and Lafayette counties.
84.013(3)(b)
(b) USH 18/151 between Ridgeway and Mt. Horeb in Dane and Iowa counties.
84.013(3)(c)
(c) STH 16 between I 94 and STH 190 in Waukesha County.
84.013(3)(d)
(d) USH 51 between CTH "S" and USH 8, designated as the Tomahawk bypass, in Lincoln County.
84.013(3)(dm)
(dm) USH 51 between CTH "S" and USH 8, designated as the Tomahawk bypass 2nd roadway, in Lincoln County.
84.013(3)(e)
(e) USH 45 between USH 41 and CTH "D", designated as the West Bend bypass, in Washington County.
84.013(3)(em)
(em) USH 45 between USH 41 and CTH "D", designated as the West Bend bypass 2nd roadway, in Washington County.
84.013(3)(f)
(f) USH 53 between Rice Lake and Trego in Barron and Washburn counties.
84.013(3)(g)
(g) STH 167 between I 43 and Buntrock Avenue in Ozaukee County.
84.013(3)(h)
(h) STH 50 between STH 83 and I 94 in Kenosha County.
84.013(3)(i)
(i) STH 172 between Webster Avenue and I 43 in Brown County.
84.013(3)(j)
(j) STH 23 between STH 32 and CTH "P" in Sheboygan County.
84.013(3)(k)
(k) STH 16 between Bluff Pass Road and CTH "OS" in La Crosse County.
84.013(3)(kb)
(kb) USH 151 extending approximately 18.2 miles between USH 151 west of Belmont and STH 23 south of Dodgeville, designated as the Belmont to Dodgeville project, in Lafayette and Iowa counties.
84.013(3)(kg)
(kg) STH 16 and STH 16/67 extending approximately 7.4 miles from the junction of STH 16 with the Rock River to the STH 16/67 interchange east of Oconomowoc, designated as the Oconomowoc bypass, in Jefferson and Waukesha counties.
84.013(3)(km)
(km) USH 53 extending approximately 7.5 miles between USH 53 south of the USH 53/STH 93 interchange in Eau Claire and the USH 53/STH 124 interchange south of Chippewa Falls, designated as the Eau Claire Freeway, in Eau Claire and Chippewa counties.
84.013(3)(L)
(L) USH 51 between the south Marquette County line and the north Waushara County line.
84.013(3)(m)
(m) STH 16 between Oconomowoc and 0.8 mile east of CTH "PP", and STH 67 between Lexington Drive and STH 16, in Waukesha County.
84.013(3)(n)
(n) USH 45 between Clintonville and Marion, designated as the Clintonville relief route, in Waupaca County.
84.013(3)(o)
(o) 43rd Street between West Loomis Road and West National Avenue in Milwaukee County.
84.013(3)(p)
(p) STH 29 between Wausau and Ringle in Marathon County.
84.013(3)(q)
(q) STH 29 between Wausau and CTH "S", designated as the Wausau to Marathon City project, in Marathon County.
84.013(3)(r)
(r) STH 23 between STH 32 and STH 57 in Sheboygan County.
84.013(3)(ra)
(ra) STH 23 between STH 67 and USH 41 in Sheboygan and Fond du Lac counties.
84.013(3)(rb)
(rb) The Rock County transportation plan, consisting of STH 11 extending southeasterly approximately 6.1 miles between STH 11 west of Janesville and the intersection of USH 51 and STH 351, designated as the Janesville bypass, and STH 81 and STH 213 extending southerly approximately 2.5 miles between STH 213 west of Beloit and the state line, designated as the Beloit bypass, in Rock County.
84.013(3)(re)
(re) USH 12 extending approximately 18.2 miles between the USH 12/14 interchange area in Middleton and STH 60 in Dane and Sauk counties.
84.013(3)(rg)
(rg) STH 13 extending approximately 5.0 miles between USH 10 and Lincoln Avenue, designated as the Marshfield mobility study, in Wood and Marathon counties.
84.013(3)(rj)
(rj) STH 64 extending approximately 14.3 miles between STH 64 northeast of Houlton and STH 65 east of New Richmond, designated as the Houlton to New Richmond project, in St. Croix County.
84.013(3)(rm)
(rm) USH 151 between CTH "D" and STH 149, designated as the Fond du Lac bypass, in Fond du Lac County.
84.013(3)(rp)
(rp) STH 57 extending approximately 10.5 miles between I 43 and STH 57 approximately 0.5 mile north of the southern Sheboygan County line, in Ozaukee and Sheboygan counties.
84.013(3)(s)
(s) USH 18/151 between CTH "Y" and Town Hall Road, designated as the Dodgeville to Mount Horeb project, in Iowa and Dane counties.
84.013(3)(t)
(t) STH 441 between the Roland Kampo Bridge and USH 41, designated as the tri-county expressway, in Calumet, Outagamie and Winnebago counties.
84.013(3)(tc)
(tc) USH 12 extending between USH 12 approximately 1.5 miles northwest of Whitewater and USH 12 approximately 1.0 mile east of CTH "P", designated as the Whitewater bypass, in Jefferson and Walworth counties.
84.013(3)(te)
(te) STH 31 between STH 11 and STH 142 in Racine and Kenosha counties.
84.013(3)(tg)
(tg) STH 35 between I 94 and CTH "U" in St. Croix County.
84.013(3)(tj)
(tj) STH 76 between CTH "CA" and the intersection of USH 41 and CTH "OO" in Outagamie County.
84.013(3)(tm)
(tm) STH 50 between Slades Corners and USH 12 in Kenosha and Walworth counties.
84.013(3)(tp)
(tp) STH 57 between STH 54 and CTH "A" in Brown and Kewaunee counties.
84.013(3)(tr)
(tr) STH 110 between USH 41 and approximately 1.5 miles north of STH 116 in Winnebago County.
84.013(3)(tv)
(tv) USH 141 between the USH 141/41 interchange near Abrams and approximately 1.0 mile north of STH 22 in Oconto County.
84.013(3)(tx)
(tx) USH 41 between the USH 141/41 interchange near Abrams and STH 145 in Oconto, Brown, Outagamie, Winnebago, Fond du Lac, Dodge and Washington counties.
84.013(3)(u)
(u) STH 29 between CTH "W" and the intersection of Memorial Drive and Shawano Avenue in Green Bay, designated as the Shawano County line to Green Bay project, in Brown County.
84.013(3)(v)
(v) New highway between the I 90/STH 157 interchange and STH 93, designated as the I 90 to Holmen project, in La Crosse County.
84.013(3)(vc)
(vc) USH 8 extending easterly 6.5 miles from the junction with STH 47 in the city of Rhinelander, designated as the Rhinelander beltline, in Oneida County.
84.013(3)(vg)
(vg) USH 18/151 extending easterly 7 miles from the east terminus of the Mt. Horeb bypass to the city of Verona in Dane County.
84.013(3)(vL)
(vL) STH 29 between Hillcrest Road and Maple Avenue, designated as the Shawano bypass, in Shawano County.
84.013(3)(vp)
(vp) STH 31 extending southerly between STH 50 and the state line in Kenosha County.
84.013(3)(vt)
(vt) USH 45 extending 4.9 miles northerly and northwesterly between USH 45 one mile south of New London and USH 45 one mile north of New London, designated as the New London bypass, in Outagamie County.
84.013(3)(vx)
(vx) USH 51 between USH 8 and CTH "K" in Lincoln and Oneida counties.
84.013(3)(w)
(w) USH 151 between Sun Prairie and that portion of USH 151 designated as the Columbus bypass, in Dane and Columbia counties.
84.013(3)(wg)
(wg) A state trunk highway in the city of Milwaukee extending from the southerly terminus of the Daniel Webster Hoan Memorial Bridge southerly approximately 3 miles on or adjacent to the Chicago and Northwestern railroad right-of-way to the intersection with East Layton Avenue, designated as the Lake Arterial project, in Milwaukee County.
84.013(3)(wr)
(wr) USH 53 extending approximately 7.4 miles between Solon Springs and Hawthorne in Douglas County.
84.013(3)(x)
(x) USH 18 extending easterly 7.5 miles from Manhattan Drive in Waukesha County to the western Milwaukee County line.
