Wisconsin § 84.062 - Alternative project delivery.

§ 84.062. Alternative project delivery.

84.062(1) (1) Definitions. In this section: 84.062(1)(ae) (ae) “Alternative project delivery” means any construction project delivery method, other than under s. 84.06 (2) , that is eligible for federal funding under title 23 of the code of federal regulations. 84.062(1)(am) (am) “Alternative technical concept” means a suggested change to the project requirements submitted by a qualified responsible bidder or proposer that modifies the department's supplied basic configurations or design or construction criteria in the request for proposals for a project. 84.062(1)(bm) (bm) “Construction manager-general contractor delivery” is the delivery of a project through a 2-phase contract under which a contractor provides services during the preconstruction phase and, if there is an agreed upon price and scope, the construction phase of a project. 84.062(1)(e) (e) “Design-build project” means a project for which design, engineering, construction, and related services are procured through a single contract with an entity, consortium, or joint venture capable of providing the necessary design, engineering, construction, and related services. 84.062(1)(er) (er) “Progressive design-build method” means a 2-phase contract, including a qualification-based selection process after which the department and a contractor work together to develop the final scope, schedule, and budget for a project. 84.062(1)(L) (L) “Project” means a state trunk highway improvement project. 84.062(1)(Lm) (Lm) “Proposer” means an entity, joint venture, or consortium that submits a proposal in a single-phase selection process under sub. (4) (c) . 84.062(1)(m) (m) “Qualified responsible bidder” means a respondent determined by the technical review committee to be a qualified responsible bidder under sub. (3) (cm) 1. 84.062(1)(mn) (mn) “Respondent” means an entity, joint venture, or consortium that submits a response to a request for qualifications. 84.062(1)(p) (p) “Technical review committee” means the committee appointed under sub. (3) . 84.062(2) (2) Projects. 84.062(2)(a) (a) Notwithstanding s. 84.06 (2) , the department may award contracts under this section for projects that will use alternative project delivery. The department may not award contracts under this section for projects using construction manager-general contractor delivery or progressive design-build methods. 84.062(2)(c) (c) 84.062(2)(c)1. 1. Subject to subds. 2. to 4. , the department may encumber in each fiscal biennium an amount not to exceed $300,000,000 for projects using alternative project delivery. 84.062(2)(c)2. 2. In a joint project between states, the amounts that the department pays or commits to the other state, and the amounts paid or committed to this state by the other state, may not be counted under subd. 1. 84.062(2)(c)3. 3. The amount that is encumbered in a fiscal biennium under subd. 1. does not limit the amount that may be encumbered under subd. 1. in subsequent fiscal biennia. The amount that is not encumbered in a fiscal biennium under subd. 1. may not be carried forward to increase the total amount that may be encumbered under subd. 1. in subsequent fiscal biennia. 84.062(2)(c)4. 4. The department shall annually adjust the amount specified in subd. 1. to reflect the annual change in the Wisconsin Department of Transportation Construction Cost Index, Yearly Moving Average, as maintained by the department or, if at any time the department no longer maintains this index, another suitable index as determined by the department. Beginning in 2026, prior to October 1 of each year, the department shall compute the annual adjustment required under this subdivision and shall publish the new adjusted amount applicable under subd. 1. , which amount shall become effective on October 1 of that year. The department may not adjust the amount specified in subd. 1. to a lower amount. 84.062(3) (3) Technical review committee. 84.062(3)(a) (a) The secretary shall appoint 5 individuals, each of whom shall have directly participated in the design or construction of highway projects in this state, to a technical review committee to evaluate proposals submitted under this section. The committee shall consist of the following: 84.062(3)(a)1. 1. An employee of the department representing a regional office of the department. 84.062(3)(a)2. 2. Two employees of the department representing the division of the department responsible for project development. 84.062(3)(a)3. 3. One individual who is recommended by a state association of architectural, engineering, or design companies or, if no association recommends an individual, is an employee of the department. 84.062(3)(a)4. 4. One individual who is recommended by a state association of transportation construction companies or, if no association recommends an individual, is an employee of the department. 84.062(3)(b) (b) The secretary may not appoint to the technical review committee any person associated, as defined in s. 19.42 (2) , with a respondent or proposer and shall replace on the technical review committee any person associated, as defined in s. 19.42 (2) , with a respondent or proposer. No person appointed to the technical review committee may review proposals under this section when the proposed project could benefit the appointee or the appointee’s immediate family, as defined in s. 19.42 (7) . 84.062(3)(c) (c) A person appointed to the technical review committee is an agent of the department under s.