Wisconsin Statutes 229.46 – Certain contracting requirements
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Terms Used In Wisconsin Statutes 229.46
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Municipality: includes cities and villages; it may be construed to include towns. See Wisconsin Statutes 990.01
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Population: means that shown by the most recent regular or special federal census. See Wisconsin Statutes 990.01
(1) In this section:
(ag) “Disabled veteran-owned business” means a business certified by the department of administration under s. 16.283 (3).
(am) “Minority business” has the meaning given in s. 200.49 (1) (a).
(b) “Minority group member” has the meaning given in s. 16.287 (1) (f).
(c) “Women’s business” means a sole proprietorship, partnership, joint venture or corporation that is at least 51 percent owned, controlled and actively managed by women.
(2) A person who is awarded a contract by a district shall agree, as a condition to receiving the contract, that at least 25 percent of the employees hired because of the contract will be minority group members, at least 5 percent of the employees hired because of the contract will be women, and at least 1 percent of the employees hired because of the contract will be employees of a disabled veteran-owned business, if any of the following applies:
(a) The contract is for the construction of any part of an exposition center.
(b) The contract results in the hiring of individuals who will work at the exposition center.
(3) At least 25 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to minority businesses, at least 5 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to women’s businesses, and at least 1 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to disabled veteran-owned businesses:
(a) Contracts for the construction of an exposition center.
(b) Contracts entered into by the district for the purchase of services to be performed at the exposition center.
(c) Contracts for the underwriting of bonds.
(3m) It shall be a goal of a district, with regard to each of the contracts described under sub. (3) (a), (b) and (c), to award at least 25 percent of the dollar value of such contracts to minority businesses.
(4) This section applies only to an exposition center that is being constructed under contracts that are funded by the proceeds of a bond issue that is secured by a special debt service reserve fund under s. 229.50.
(5) Before a district initially constructs an exposition center or exposition center facilities, or enters into contracts for such initial construction, the district shall do all of the following:
(a) Adopt or revise a program statement that includes all of the following:
1. An identification of the functions to be conducted in the exposition center or exposition center facilities.
2. An estimate of the space requirements for the functions described under subd. 1.
3. Minimum design requirements for the spaces described under subd. 2.
4. Site development requirements for the exposition center and exposition center facilities.
5. A maximum cost of the project.
(b) Prescribe criteria for the preparation of requests for proposals for the initial construction of the exposition center and exposition center facilities. The criteria shall include all of the following:
1. The scope of responsibilities of the person or group of persons submitting the proposal.
2. The contractual relationships between a group of persons submitting a proposal.
3. General architectural elements.
4. Electrical systems.
5. Mechanical systems.
6. Plumbing systems.
7. Structural elements.
(c) Solicit competitive sealed proposals for the design and initial construction of the exposition center and exposition center facilities. The panel described under sub. (6) shall evaluate the proposals using a 2-phase selection process. Under the first phase, offerors shall submit information responding to the district’s request for proposals, including the experience and past performance of the offerors, a management plan, general concept design features and a price analysis. An offeror may be eliminated from further consideration by the panel without discussion if any minimum requirements of the request for proposal are not met. The panel shall evaluate all first-phase proposals and select not more than 3 offerors to submit 2nd-phase proposals. All 2nd-phase proposals shall include all of the following:
1. Responses to any comments or questions by the panel relating to first phase submissions.
2. Refined initial design concepts, management plan and materials relating to experience and past performance.
3. A development schedule.
4. A guaranteed maximum price for the design and initial construction of the exposition center and exposition center facilities.
5. Detail of any fees, including all professional service and development fees.
6. Evidence that is satisfactory to the panel of the offeror’s ability to obtain bonds guaranteeing the offeror’s performance and bonds guaranteeing the payment for labor and materials by the offeror in amounts specified by the panel.
7. Any other information and materials requested by the panel.
(d) Publish a class 2 notice under ch. 985 requesting the first-phase proposals described under par. (c). The advertisement shall include the date by which the proposals must be submitted, which shall be at least 7 days after the date of the last insertion of the notice.
(e) Forward to the panel described under sub. (6), for its recommendations, all first-phase and 2nd-phase proposals received under par. (c).
(6)
(a) The district shall convene an evaluation panel to make recommendations concerning the competitive sealed proposals that the district solicits and receives under sub. (5). The panel shall consist of the following members:
1. A representative appointed by the chief executive officer of the city with the largest population within the district’s jurisdiction, as that term is used in s. 229.43.
2. Two representatives appointed by the secretary of administration, one of whom shall be a registered engineer and one of whom shall be a registered architect.
3. A representative appointed by the district who has experience in the construction of major facilities.
4. The comptroller of the sponsoring municipality with the largest population within the district’s jurisdiction, as that term is used in s. 229.43, except that if the sponsoring municipality does not have a comptroller the representative shall be the chief financial officer of the sponsoring municipality.
(b) The panel under par. (a) shall evaluate the proposals and make its recommendations based on the adequacy of the responses to the information solicited in the district’s request for proposals, including the following factors:
1. The guaranteed maximum price.
2. The qualifications of the persons submitting the bids or proposals.
3. The time schedule contained in the proposals.
4. The design quality and suitability of the construction or remodeling plans contained in the proposals.
(7) The district may retain the department of administration or any other consultant to assist in the preparation of the program statement required under sub. (5) (a), the criteria required under sub. (5) (b) or the request for proposals required under sub. (5) (c).