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
Prevailing wage. 84.062(2)
(2) Prevailing wage rates and hours of labor. No person performing the work described in
sub. (2m) in the employ of a contractor, subcontractor, agent or other person performing any work on a project under a contract based on bids as provided in
s. 84.06 (2) to which the state is a party for the construction or improvement of any highway may be permitted to work a greater number of hours per day or per week than the prevailing hours of labor; nor may he or she be paid a lesser rate of wages than the prevailing wage rate in the area in which the work is to be done; except that any such person may be permitted or required to work more than such prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay.
84.062(2g)
(2g) Nonapplicability. This section does not apply to a single-trade project of public works, as defined in
s. 16.856 (1) (g), for which the estimated project cost of completion is less than $48,000 or a multiple-trade project of public works, as defined in
s. 16.856 (1) (d), for which the estimated project cost of completion is less than $100,000.
84.062(2m)(a)(a) Subject to
par. (b), all of the following employees shall be paid the prevailing wage rate and may not be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:
84.062(2m)(a)1.
1. All laborers, workers, mechanics and truck drivers employed on the site of a project that is subject to this section.
84.062(2m)(a)2.
2. All laborers, workers, mechanics and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies or equipment on the site of a project that is subject to this section or from a facility dedicated exclusively, or nearly so, to a project that is subject to this section by a contractor, subcontractor, agent or other person performing any work on the site of the project.
84.062(2m)(b)
(b) A laborer, worker, mechanic, or truck driver who is employed to process, manufacture, pick up, or deliver materials or products from a commercial establishment that has a fixed place of business from which the establishment supplies processed or manufactured materials or products or from a facility that is not dedicated exclusively, or nearly so, to a project that is subject to this section, including any of the following, is not entitled to receive the prevailing wage rate or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor:
84.062(2m)(b)1.
1. A laborer, worker, mechanic or truck driver who is employed to go to the source of mineral aggregate such as sand, gravel or stone and deliver that mineral aggregate to the site of a project that is subject to this section.
84.062(2m)(b)2.
2. A laborer, worker, mechanic or truck driver who is employed to go to the site of a project that is subject to this section, pick up excavated material or spoil from the site of the project, and transport that excavated material or spoil away from the site of the project and return to the site of the project.
84.062(2m)(c)
(c) A truck driver who is an owner-operator of a truck shall be paid separately for his or her work and for the use of his or her truck.
84.062(5)
(5) Disclosure. If a person who is not an employee of the department or the contracting state agency contacts an employee performing the work described in
sub. (2m) for the purpose of investigating compliance with this section, the person shall provide a written statement to the employee stating that the person is not affiliated with the department or the contracting state agency and disclosing the principal source of funding for the investigation.
84.062(6)
(6) Contents of contracts; notification. A reference to the prevailing wage rates and the prevailing hours of labor shall be published in the notice issued for the purpose of securing bids for a project. If any contract or subcontract for a project that is subject to this section is entered into, the prevailing wage rates and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, the department of administration shall prescribe under
s. 16.856 (2) the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force. For the information of the employees working on the project, the prevailing wage rates, the prevailing hours of labor, and the provisions of
subs. (2) and
(7) shall be kept posted by the department in at least one conspicuous and easily accessible place on the site of the project.
84.062(7)(a)(a) Except as provided in
pars. (b) and
(d), any contractor, subcontractor, or contractor's or subcontractor's agent who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that a violation continues is a separate offense.
84.062(7)(b)
(b) Whoever induces any person who seeks to be or is employed on any project that is subject to this section to give up, waive or return any part of the wages to which the person is entitled under the contract governing the project, or who reduces the hourly basic rate of pay normally paid to a person for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from employment or by any other means is guilty of an offense under
s. 946.15 (1).
84.062(7)(c)
(c) Any person employed on a project that is subject to this section who knowingly permits a contractor, subcontractor or contractor's or subcontractor's agent to pay him or her less than the prevailing wage rate set forth in the contract governing the project, who gives up, waives or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, is guilty of an offense under
s. 946.15 (2).
84.062(7)(d)
(d) Whoever induces any person who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the person is entitled under the contract governing the project to be deducted from the person's pay is guilty of an offense under
s. 946.15 (3), unless the deduction would be permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that is subject to
40 USC 3142.
84.062(7)(e)
(e) Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing the project to be deducted from his or her pay is guilty of an offense under
s. 946.15 (4), unless the deduction would be permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that is subject to
40 USC 3142.
84.062(8)
(8) Enforcement and prosecution. The department shall require adherence to
subs. (2),
(2m), and
(6). The department may demand and examine, and every contractor, subcontractor, and contractor's or subcontractor's agent shall keep and furnish upon request by the department, copies of payrolls and other records and information relating to compliance with this section. If requested by any person performing the work described in
sub. (2m), the department shall conduct an investigation to ensure compliance with this section. Upon request of the department or upon complaint of alleged violation, the district attorney of the county in which the work is located shall investigate as necessary and prosecute violations in a court of competent jurisdiction.
Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.
84.062 History
History: 2015 a. 55 ss.
2560p,
3077h,
3077hp,
3077i,
3077j,
3077jp,
3077kp. Stats. 2015 s. 84.062.
84.062 Note
NOTE: For annotations relating to the prevailing wage law as it existed prior to
2015 Wis. Act 55, see s. 66.0903.
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 History
History: 1991 a. 39;
1999 a. 85.
84.063 Cross-reference
Cross-reference: See also ch.
Trans 220, Wis. adm. code.
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 percent. 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. Subject to
s. 86.255, 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.
84.065 Cross-reference
Cross-reference: See also ch.
Trans 30, Wis. adm. code.
84.07
84.07
Maintenance of state trunk highways. 84.07(1)
(1)
Routine maintenance. Subject to
sub. (1r), 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. 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 regular, 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. 66.1037, and all routine measures deemed necessary to provide adequate traffic service. Maintenance activities also include the installation, replacement, rehabilitation, or maintenance of highway signs, highway lighting, and pavement markings, and the maintenance of traffic control signals and intelligent transportation systems. The department may contract with a private entity for services or materials or both associated with the installation, replacement, rehabilitation, or maintenance of highway signs, highway lighting, and pavement markings and the maintenance of traffic control signals and intelligent transportation systems.
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(1r)
(1r) Sponsorship agreements. The department may enter into sponsorship agreements under
s. 84.01 (36) that require the sponsor to perform maintenance activities, in accordance with the department's standards, for the benefit of the department.
84.07(2)(a)(a) Except as provided in
par. (b), 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. Except as provided in
par. (b), the payments shall be made upon presentation by the county highway committee or municipal clerk of a properly itemized and verified account. For payments made under this paragraph, the county highway committee or municipal clerk shall present the itemized accounts for maintenance work no later than one month following the period during which the work is performed.
84.07(2)(b)
(b) 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 and the county or municipality may agree to a payment method and terms other than that specified in
par. (a), including payment according to a contract price for maintenance services rather than payment of the actual cost of the maintenance.
84.07(3)
(3) Weed control. The highway patrolman shall destroy all noxious weeds as provided in
s. 66.0407 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) County highway department maintenance capacity and funding. The department shall work cooperatively with county highway departments to determine an appropriate level of state work sufficient to fully utilize manpower and equipment needed for winter maintenance.
84.07 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
84.072
84.072
Unified disadvantaged business certification program. 84.072(1)(a)
(a) “Business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation that is operated for profit.
