The proposed bill

Rep. Antonio Riley, D-Milwaukee

A Legislative Reference Bureau analysis of the most recent design/build proposal issued by State Rep. Antonio Riley, D-Milwaukee:

This bill authorizes the Milwaukee Metropolitan Sewerage District to let a contract for public construction using the design/build construction process, which is defined as a project delivery and procurement process for the design, construction, repair, renovation, installation or demolition of a public works project under which a single entity is responsible for the professional design services and construction services related to the project. Under the bill, the design/build construction process may only be used for projects, the estimated cost of which exceeds $1 million.

If MMSD wishes to construct a public work using the design/build construction process, MMSD must use a two-stage selection process. Under the first stage, MMSD must publish a notice that includes a project statement that describes the project requirements and design goals for the project, detailed submission requirements, selection procedures, selection criteria, the composition of the selection panel and whether the district will offer a stipend to unsuccessful design/build teams and, if so, the amount of the stipend.

Following receipt of the bids, MMSD must select at least three, but not more than five, design/build teams to participate in the second stage of the selection process, unless MMSD receives fewer than three statements of qualification and initial project approach proposals. The selection of the finalist teams in the first stage of the process must be based on factors that include the background, experience and qualifications of the members of the teams and the statement of qualifications and the initial project approach proposal.

In the second stage of the selection process, MMSD must choose from among the five or fewer finalist teams if MMSD determines that at least one of the finalists will be able to construct the public work in a way that is satisfactory to MMSD.

MMSD must conduct interviews of each team, and each team must make a presentation. The criteria to be used in making a final selection may include the quality of the proposed design, the extent to which a proposal demonstrates compliance with the project statement, the estimated cost of the project and a guaranteed maximum price for the project. If MMSD enters into a contract with one of the teams, that design/build team must obtain bonding to guarantee completion of the project.

Under current law, the Milwaukee County Board may let a contract for the construction of the Sheriff's Department training academy using the design/build construction process, although the process is not defined.

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