Bill would set rules for highway design-build after Gov. Evers’ veto

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A bill introduced last week in the Legislature would set requirements for the use of design-build on Wisconsin road projects roughly half a year after the state budget began permitting the use of the delivery method in-state.

The legislation, introduced on Thursday as Assembly Bill 820 and Senate Bill 770, would set up a framework for the use of design-build on road projects rather than the design-bid-build system that the state now relies on almost exclusively. Supporters of design-build contend it will help hold down construction costs, while opponents argue it will mainly benefit large road-builders that have in-house design departments.

Design-build can now be used on Wisconsin road projects, thanks to a provision in the state’s current biennial budget. But that was modified by Evers after he deemed it “overly prospective” and objected to “restrictions” that he thought would have been overly burdensome on the Wisconsin Department of Transportation. Evers specifically cut provisions that would have required WisDOT to use design-build on six projects totaling no more than $250 million, set up a committee to evaluate bids and submit reports on design-build to the state’s Joint Finance Committee.

The bill introduced last week would impose requirements of a similar type. If passed, the legislation would require WisDOT to use design-build on six projects over the course of six years, and develop a manual for awarding such jobs. The department would also have to periodically evaluate the design-build system and provide a report on its findings to the Legislature and the Transportation Projects Commission, a group that evaluates large road projects in the state. The design-build system then would be allowed to continue only with further approval from the state’s Joint Finance Committee.

The legislation is being sponsored chiefly by Sen. Jerry Petrowski, a Republican from Marathon, and Rep. John Nygren, a Republican from Marinette and the co-chair of the Joint Finance Committee. Assembly Speaker Robin Vos, a Republican from Rochester, is also a sponsor. The proposal is scheduled to receive a public hearing before the Assembly Committee on Transportation on Tuesday. Petrowski wasn’t available to comment for this story by press time Monday, and Nygren’s office didn’t respond to a set of written questions about the bill.

Before the adoption of the state’s biennial budget, Wisconsin was one of the few states in the country that didn’t allow design-build on road projects. A mere three years ago, an attempt to permit the use of design-build in Wisconsin died in the Legislature after being opposed by various representatives of the construction industry. Groups like the Associated Builders and Contractors of Wisconsin argued the design-build method would undermine the state’s competitive bidding system and chiefly benefit big construction companies. The policy’s backers, however, say it would allow builders to have a say in project designs, catch flaws sooner than now and produce savings.