2019 Wisconsin Statutes & Annotations
Chapter 84. State trunk highways; federal aid.
84.062 Alternative project delivery.
84.062 Alternative project delivery.
(1) Definitions. In this section:
(a) “Alternative technical concepts" means a proposed alternative to the technical requirements provided by the office in the request for proposals for a project.
(b) “Best value design-build contract” means a design-build contract award made following a calculation of value as provided in a request for proposals.
(c) “Design-build contract” means a contract for a project under which the design, engineering, construction, and related services are provided by a single design-builder.
(d) “Design-builder" means a private legal entity, consortium, or joint venture that proposes to or executes a contract to design, engineer, and construct a project under this section.
(e) “Design-build project" means a project for which design, engineering, construction, and related services are procured through a single contract with a single private legal entity, consortium, or joint venture capable of providing the necessary design, engineering, construction, and related services.
(h) “Fixed price variable scope design-build contract” means a design-build contract award made to the qualified responsible bidder able to provide the best scope of work at a price not to exceed a fixed price.
(i) “Low bid design-build contract” means a design-build contract award made to the lowest qualified responsible bidder.
(k) “Office” means the department.
(m) “Qualified responsible bidder” means a design-builder responding to a request for qualifications.
(n) “Responsive cost proposal” means a proposal that clearly identifies the costs of all services to be performed by the qualified responsible bidder, including all related fees, wages, and equipment and material costs.
(o) “Responsive technical proposal” means a proposal that clearly demonstrates a qualified responsible bidder's understanding of the design, engineering, and construction services to be performed and clearly describes the bidder's approach to the project.
(q) “Value engineering change” means a proposal that provides for a product of equal or improved quality to the product required by the department and that will reduce the project cost, improve safety, or decrease the time to complete the project.
(2) Design-build projects. The department shall administer a program for design-build projects.
(5) Request for qualifications.
(a) The office shall prepare a request for qualifications that includes all of the following:
1. Minimum required qualifications for certification as a qualified bidder, which shall include all of the following:
a. The design and construction experience of the design-builder or member, personnel, and contractors who will manage the design, engineering, and construction aspects of the project.
b. A requirement that the design-builder or member employ an individual who has no fewer than 5 years of experience in highway construction specific to highway improvement projects in this state.
c. A requirement that the design-builder or member be a design professional or will employ or contract with a design professional.
d. A sworn statement of the design-builder's financial ability, equipment, and experience in design-build project delivery and any other information the office determines is necessary to determine a bidder's competency.
2. Minimum required qualifications for certification as a responsible bidder, which shall include all of the following:
a. The design-builder is registered or authorized to do business in this state.
b. The design-builder submits a sworn statement that indicates that it has adequate financial resources to complete the work described in the request for qualifications, taking into account any other work the design-builder is currently under contract to complete.
c. The design-builder is bondable for the term of the proposed contract and is able to obtain a 100 percent performance bond and a separate 100 percent payment bond.
d. If the department has previously contracted with the design-builder or a member, the design-builder or member has a record of satisfactorily completing projects.
e. The design-builder or a member is not on a list maintained by the department identifying persons ineligible to bid due to suspension or debarment or on a list that the department of administration maintains for persons who violated statutory provisions or administrative rules relating to construction.
g. The design-builder or a member has served as a contractor on no fewer than 5 projects administered by the department.
h. The design-builder can provide information upon request about ownership, management, and control of the design-builder.
i. The design-builder or a member has not been debarred from any government contracts and has not been found to have committed tax avoidance or evasion in any jurisdiction in the previous 10 years.
k. No design professional employed by the design-builder or a member or that the design-builder will contract with has been disciplined in any jurisdiction under a license that is currently in use.
3. Information about bid procedures and the proposed project, including all of the following:
a. The type of contract to be awarded.
b. The selection criteria for recommendation of design-builders for phase 2.
c. Project requirements, including a scope of work statement and a schedule.
d. The required completion date of the project.
e. A description of requirements for the technical proposal for the project.
(b) The office shall advertise the request for qualifications.
(6) Request for proposals.
(a) The office shall prepare a request for proposals for each design-build contract that includes all the following:
1. The name, title, address, and telephone numbers of persons to whom questions concerning the proposal should be directed.
2. The procedures to be followed for submitting proposals, including how proposals must be delivered, the date and time by which they must be received, and the name and address of the person who is to receive them.
3. The date and time of the pre-proposal conference, if any.
4. A requirement that a technical proposal and a cost proposal be submitted in separate sealed proposals at the same time.
5. A clear description of the scope of all design, engineering, and construction work.
6. The criteria for evaluating proposals and their relative weight, if applicable.
7. The design criteria package, including a description of drawings, specifications, or other information to be submitted with the proposals, which shall allow the design-builder to use innovative projects meeting the criteria.
8. The project schedule and budget limits, if any.
9. The proposed terms and conditions of the contract.
10. Requirements relating to performance bonds, payments bonds, and insurance.
11. Amount of stipend, if any.
12. The procedures for awarding a contract.
13. A process to review and accept alternative technical concepts and value engineering change proposals.
15. Any other information the office determines is necessary.
(f) The department shall maintain the confidentiality of information provided by design-builders as required by s. 84.01 (32).
(9) Project delivery. An individual identified in a response to a request for qualifications or in a technical proposal may be replaced by a design-builder if the office determines that the new individual meets the qualifications described in the response to the request for qualifications or in the technical proposal and that the individual's qualifications are at least equal to the qualifications of the individual being replaced.
(10) Liability.
(a) Nothing in this section shall be construed as relieving a design-builder of 3rd-party liability or liability for loss or damage to property of the state or a county or municipality.
(b) All design services, including architectural and engineering services, provided under a design-build contract are services and not products.
(12) Rules. The department may promulgate rules necessary to implement this section.
History: 2019 a. 9.
