Section Trans 510.09 - Project development process(1) ADMINISTRATIVE REVIEW. The department shall review all applications in order to determine the extent to which the transportation facility improvement shall comply with the department's facility development process under sub. (2). When the department has determined that it will not delegate responsibility for any portion of the facility development process, the department shall sign a project agreement only after all the steps in sub. (2) are completed. When the department chooses to delegate some responsibility for the facility development process, the conditions in sub. (3) shall apply.(2) FACILITY DEVELOPMENT PROCESS. The department's facility development process includes the following steps: (a) Departmental approval of a complete environmental analysis appropriate for the level of the transportation facility improvement.(b) Departmental approval of a final design study report for highway and road improvements or an equivalent document for airport, rail and harbor improvements.(c) Acquisition of necessary rights-of-way using departmental procedures.(d) Departmental approval and processing of the plans, specifications, and estimates for letting.(3) DELEGATION OF RESPONSIBILITY FOR THE FACILITIES DEVELOPMENT PROCESS. When the department has determined that it is appropriate, the department may choose to delegate responsibility for approving plans, enforcing department standards, acquiring necessary rights-of-way, and letting bids to the local jurisdiction which is responsible for project management. The following conditions shall be applied: (a) Highway, road, and airport improvements must employ the services of a registered professional engineer to be responsible for design and construction.(b) The applicant must assume all responsibility for complying with all germane environmental requirements for the transportation facility improvement, and certify that an environmental analysis was completed and that all applicable environmental laws were followed.(c) A design study report for highway and road improvements or an equivalent document for airport, rail and harbor improvements must be submitted to the department for approval prior to preparing final plans.(d) A copy of the plans and specifications containing the engineer's seal as prepared for bidding purposes must be provided to the department prior to the start of construction.(e)1. Except as noted in subd. 2., all contracts shall be let to competitive bid and contracts awarded to the lowest responsible bidder. The applicant shall submit copies of bid advertisements and a certification of the date bids were taken listing all bidders and bid amounts. A written explanation shall accompany any certification where the contract is awarded to someone other than the low bidder.2. Upon written determination by the local jurisdiction responsible for project management of the necessity to let a contract for construction of all or part of a rail improvement on railroad owned or controlled land, and with the written concurrence of the department in this determination, a contract for construction at cost may be let to the railroad without competitive bid.(f) All real estate acquisition and required relocation of persons, families, businesses, or farms must be accomplished in accordance with existing state law. A written certification from the applicant to this effect shall be required after the real estate is acquired.(g) State payments will be made after the improvement is complete and sufficient proof of cost is sent to the department. On improvements where the reviewed transportation facility improvement cost is over $100,000, the department may pay on the basis of actual costs, but no more than monthly.Wis. Admin. Code Department of Transportation Trans 510.09
Cr. Register, February, 1990, No. 410, eff. 3-1-90; CR 06-036: am. (3) (e) 1. Register August 2006 No. 608, eff. 9-1-06.