Amendment SSA1-SB21

SB21-SSA1,354p Section 354p. 16.77 (1) of the statutes is amended to read:

SB21-SSA1,52,11 16.77 (1) No bill or statement for work or labor performed under purchase orders or contracts issued by the secretary or the secretary's designated agents, and no bill or statement for supplies, materials, equipment or contractual services purchased for and delivered to any agency may be paid until the bill or statement is approved through a preaudit or postaudit process determined by the secretary. This subsection does not apply to purchases made directly by the courts, the legislature or a legislative service or judicial branch agency under s. 16.74 or 16.745.

SB21-SSA1,355b Section 355b. 16.78 (1) of the statutes is amended to read:

SB21-SSA1,53,2 16.78 (1) Every agency other than the board of regents of the University of Wisconsin System, the University of Wisconsin-Madison, or an agency making purchases under s. 16.74 or 16.745 shall make all purchases of materials, supplies, equipment, and contractual services relating to information technology or telecommunications from the department, unless the department requires the agency to purchase the materials, supplies, equipment, or contractual services pursuant to a master contract established under s. 16.972 (2) (h), or grants written authorization to the agency to procure the materials, supplies, equipment, or contractual services under s. 16.75 (1) or (2m), to purchase the materials, supplies, equipment, or contractual services from another agency or to provide the materials, supplies, equipment, or contractual services to itself. The board of regents of the University of Wisconsin System and the University of Wisconsin-Madison may make purchases of materials, supplies, equipment, and contractual services relating to information technology or telecommunications from the department.

SB21-SSA1,356q Section 356q. 16.84 (5) of the statutes is renumbered 16.84 (5) (a) 1. and amended to read:

SB21-SSA1,53,8 16.84 (5) (a) 1. Have responsibility, subject to approval of the governor, for all functions relating to the leasing, acquisition, allocation and utilization of all real property by the state, except where such responsibility is otherwise provided by the statutes. In this connection, the department shall, with the governor's approval

SB21-SSA1,53,13 (b) When exercising the responsibility under par. (a) 1., require, with the governor's approval, physical consolidation of office space utilized by any executive branch agency, as defined in s. 16.70 (4), having fewer than 50 authorized full-time equivalent positions with office space utilized by another executive branch agency, whenever feasible. The department shall lease

SB21-SSA1,53,16 (c) Lease or acquire office space for legislative offices or legislative service agencies at the direction of the joint committee on legislative organization. In this subsection, "executive branch agency" has the meaning given in s. 16.70 (4).

SB21-SSA1,356r Section 356r. 16.84 (5) (a) 2. of the statutes is created to read:

SB21-SSA1,53,23 16.84 (5) (a) 2. Before entering into or renewing a lease for an executive branch agency, as defined in s. 16.70 (4), for space that is located in Dane or Milwaukee County, solicit lease options for space in counties other than Dane or Milwaukee and provide to the agency director and the joint committee on finance a cost-benefit analysis that considers any savings that would accrue to the state if the executive branch agency were located in a county other than Dane or Milwaukee.

SB21-SSA1,364m Section 364m. 16.85 (1) of the statutes is amended to read:

SB21-SSA1,54,15 16.85 (1) To take charge of and supervise all engineering or architectural services or construction work, as defined in s. 16.87 (1) (a), performed by, or for, the state, or any department, board, institution, commission, or officer of the state, including nonprofit-sharing corporations organized for the purpose of assisting the state in the construction and acquisition of new buildings or improvements and additions to existing buildings as contemplated under ss. 13.488, 36.09, and 36.11, except work to be performed for the University of Wisconsin System with respect to a building, structure, or facility involving a cost of less than $500,000 that is funded entirely with the proceeds of gifts or grants made to the system for a project specified in s. 13.48 (10) (c) or (e), and except the engineering, architectural, and construction work of the department of transportation; and the engineering service performed by the department of safety and professional services, department of revenue, public service commission, department of health services, and other departments, boards, and commissions when the service is not related to the maintenance, and construction and planning, of the physical properties of the state.

SB21-SSA1,365m Section 365m. 16.85 (2) of the statutes is amended to read:

SB21-SSA1,55,6 16.85 (2) To furnish engineering, architectural, project management, and other building construction services whenever requisitions therefor are presented to the department by any agency. The department may deposit moneys received from the provision of these services in the account under s. 20.505 (1) (kc) or in the general fund as general purpose revenue — earned. For a building project of the University of Wisconsin System that is entirely funded by program revenues or program revenue supported borrowing, the department shall assess the University of Wisconsin System for these services on a fee-for-service basis, except that the fees assessed may not exceed 4 percent of the total cost of the project. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 233, 234, 237, 238, or 279.

SB21-SSA1,366m Section 366m. 16.85 (12) of the statutes is amended to read:

SB21-SSA1,55,16 16.85 (12) To review and approve plans and specifications for any building or structure that is constructed for the benefit of the University of Wisconsin System or any institution thereof, and to periodically review the progress of any such building or structure during construction to assure compliance with the approved plans and specifications. This subsection does not apply to any building, structure, or facility that is constructed. remodeled, repaired, renewed, or expanded for the University of Wisconsin System involving a cost of less than $500,000 if the project is funded entirely from the proceeds of gifts or grants made to the system projects specified in s. 13.48 (10) (c) and (e).

SB21-SSA1,369d Section 369d. 16.855 (1g) (a) of the statutes is renumbered 16.855 (1g) (ar).

SB21-SSA1,369h Section 369h. 16.855 (1g) (ag) of the statutes is created to read:

SB21-SSA1,55,20 16.855 (1g) (ag) "Board of Regents" means the Board of Regents of the University of Wisconsin System.

SB21-SSA1,369p Section 369p. 16.855 (1g) (e) of the statutes is amended to read:

SB21-SSA1,56,2 16.855 (1g) (e) "Single prime contracting" means bidding and contracting through a process in which only a general prime contractor has a contractual relationship with the state and all mechanical, electrical, or plumbing subcontractors are identified by the department or the Board of Regents and are subcontractors to the general prime contractor.

SB21-SSA1,369t Section 369t. 16.855 (1g) (f) of the statutes is created to read:

SB21-SSA1,56,6 16.855 (1g) (f) "UW gifts and grants project" means a construction project funded entirely with gifts and grants made to the University of Wisconsin System for the express purpose of funding the construction project.

SB21-SSA1,370 Section 370. 16.855 (1m) of the statutes is amended to read:

SB21-SSA1,56,13 16.855 (1m) The department shall let by contract to the lowest qualified responsible bidder all construction work when the estimated construction cost of the project exceeds $50,000, except for construction work authorized under s. 16.858 and except as provided in sub. (1r) or (10m) or s. 13.48 (19) (a). If factors other than dollar amounts are required to be evaluated for a project, the department shall specify a formula that will convert the other factors into a dollar value for comparison.

SB21-SSA1,372g Section 372g. 16.855 (12m) of the statutes is created to read:

SB21-SSA1,56,18 16.855 (12m) The Board of Regents may let UW gifts and grants projects through single prime contracting. If the Board of Regents lets a UW gifts and grants project through single prime contracting, this section does not apply to the project, except for subs. (13), (14), and (14m).

SB21-SSA1,372r Section 372r. 16.855 (13) (a) 1. of the statutes is amended to read:

SB21-SSA1,56,25 16.855 (13) (a) 1. In any project under this section let under single prime contracting, the department or the Board of Regents shall identify, as provided under par. (b), the mechanical, electrical, or plumbing subcontractors who have submitted the lowest bids and who are qualified responsible bidders. A general prime contractor who is submitting a bid under sub. (14) shall include the subcontractors so identified.

SB21-SSA1,373b Section 373b. 16.855 (13) (a) 2. of the statutes is amended to read:

SB21-SSA1,57,7 16.855 (13) (a) 2. In any project under this section that is let under s. 13.48 (19) (a), the department shall identify, as provided under par. (b), the mechanical, electrical, or plumbing subcontractors who have submitted the lowest bids and who are qualified responsible bidders. The contractor awarded a contract under s. 13.48 (19) (a) shall contract with the mechanical, electrical, or plumbing subcontractors so identified.

SB21-SSA1,373m Section 373m. 16.855 (13) (b) of the statutes is amended to read:

SB21-SSA1,57,22 16.855 (13) (b) For purposes of identifying subcontractors under par. (a), the department or the Board of Regents shall develop and administer an open and public bidding process and. The department shall follow the requirements and procedures under sub. (2). The Board of Regents shall follow the requirements and procedures specified for the department under sub. (2) and has the power specified for the department under sub. (6). Within 48 hours of the deadline for a mechanical, electrical, or plumbing contractor to submit a bid, the department or board shall post on the department its Internet site the names of the bidders and the amount of each bid. No more than 5 days after the deadline, the department or board shall post on its Internet site and provide public notice of the lowest bidders who are qualified responsible bidders. The department or board shall post on its Internet site the bids, including the bid documents, identified under this paragraph as the lowest bids and they shall be open to public inspection under s. 19.35 (1). No other bids under this paragraph may be on the Internet site or open to public inspection.

SB21-SSA1,374b Section 374b. 16.855 (14) (am) of the statutes is amended to read:

SB21-SSA1,58,2 16.855 (14) (am) Except as provided in s. 13.48 (19) (a), the department shall let all construction projects that exceed $185,000 through single prime contracting. The department may not request or accept any alternate bids when letting a construction project through single prime contracting.

SB21-SSA1,374d Section 374d. 16.855 (14) (b) 1. of the statutes is amended to read:

SB21-SSA1,58,8 16.855 (14) (b) 1. The state is not liable to a contractor for damage from delay caused by another contractor if the department or the Board of Regents takes reasonable action to require the delaying contractor to comply with its contract. If the state is not liable under this subdivision, the delayed contractor may bring an action for damages against the delaying contractor.

SB21-SSA1,374e Section 374e. 16.855 (14) (bm) of the statutes is amended to read:

SB21-SSA1,58,18 16.855 (14) (bm) If the bid is being let through single prime contracting, bidders for the general prime contractor who are responsible qualified bidders shall submit their bids to the department or the Board of Regents no later than 5 days after the successful subcontractor bids become available to the public under sub. (13) (b). Within 48 hours of the deadline for a general prime contractor to submit a bid, the department or board shall post on the department's its Internet site the tabulations of all bids that identify the names of the general prime contractors that bid and the amount of each bid and shall make the tabulations and amounts available at the department or board if they are unavailable on the department's Internet site.

SB21-SSA1,374h Section 374h. 16.855 (14) (c) of the statutes is amended to read:

SB21-SSA1,58,24 16.855 (14) (c) The department or the Board of Regents shall reject any bid for the general prime contractor from a bidder who submits a bid that includes contractors other than the ones identified under sub. (13) (a). The award of a contract may not be finalized until the department or board approves the required performance bond and certificate of insurance.

SB21-SSA1,374L Section 374L. 16.855 (14) (d) of the statutes is amended to read:

SB21-SSA1,59,4 16.855 (14) (d) Except as provided in sub. (10m) (am), the department or the Board of Regents shall award all single prime contracts to the lowest bidder who is a qualified responsible bidder that results in the lowest total construction cost for the project.

SB21-SSA1,374o Section 374o. 16.855 (14) (e) of the statutes is amended to read:

SB21-SSA1,59,16 16.855 (14) (e) Within 30 days after the deadline under par. (bm) for bidders for the general prime contractor to submit their bids, the department or the Board of Regents shall notify the general prime contractor bidder that was awarded the contract under par. (d). The contractor who is awarded the contract shall enter into contracts with the mechanical, electrical, or plumbing subcontractors identified under par. (13) (a), shall ensure that any contract meets the requirements under sub. (14m) (a) and (b), and shall comply with the requirements under sub. (14m) (c) and (d). The department or board shall make the final bid results available on its Internet site at the time it provides the written, official notice to the successful general prime contractor bidder notifying the contractor that the contract is fully executed and that the contractor is authorized to begin work on the project.

SB21-SSA1,374r Section 374r. 16.855 (14m) (a) of the statutes is amended to read:

SB21-SSA1,59,19 16.855 (14m) (a) Any contract entered into between a general prime contractor and a subcontractor under sub. (14) (e) must contain all of the following clauses:

SB21-SSA1,59,25 Prompt Payment. (General prime contractor) shall pay (mechanical, electrical, or plumbing subcontractor) in accordance with section 16.855 (19) (b), Wisconsin stats., for work that has been satisfactorily completed and properly invoiced by (mechanical, electrical, or plumbing subcontractor). A payment is timely if it is mailed, delivered, or transferred to (mechanical, electrical, or plumbing subcontractor) by the deadline under section 16.855 (19) (b), Wisconsin stats.

SB21-SSA1,60,7 If (mechanical, electrical, or plumbing subcontractor) is not paid by the deadline in this contract, (general prime contractor) shall pay interest on the balance due from the eighth day after the (general prime contractor) receives payment from the Department (Department of Administration or Board of Regents) for the work for which payment is due and owing to (mechanical, electrical, or plumbing subcontractor), at the rate specified in section 71.82, Wisconsin stats., compounded monthly.

SB21-SSA1,60,12 A (mechanical, electrical, or plumbing subcontractor) that receives payment as provided under this contract and that subcontracts with another entity shall pay those subcontractors, and be liable for interest on late payments to those subcontractors, in the same manner as (general prime contractor) is required to pay (mechanical, electrical, or plumbing subcontractor) under this contract.

SB21-SSA1,60,17 Insurance and Bonds. (Mechanical, electrical, or plumbing subcontractor) shall not commence work under this contract until it has obtained all necessary insurance required of (mechanical, electrical, or plumbing subcontractor) in the contract between the (general prime contractor) and the Department (Department of Administration or Board of Regents).

SB21-SSA1,60,23 (Mechanical, electrical, or plumbing subcontractor) shall provide a separate 100 percent performance bond and a separate 100 percent payment bond to the benefit of the (general prime contractor) as the sole named obligee. Original bonds shall be given to the (general prime contractor) and a copy shall be given to the Department (Department of Administration or Board of Regents) no later than 10 days after execution of this contract.

SB21-SSA1,61,19 Indemnification. To the fullest extent permitted by law, (mechanical, electrical, or plumbing subcontractor) shall defend, indemnify, and hold harmless (general prime contractor) and its officers, directors, agents, and any others whom (general prime contractor) is required to indemnify under its contract with the department (Department of Administration or Board of Regents), and the employees of any of them, from and against claims, damages, fines, penalties, losses, and expenses, including but not limited to attorney fees, arising in any way out of or resulting from the performance of the work under this contract, but only to the extent such claim, damage, fine, penalty, loss, or expense: (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of property, including but not limited to loss of use resulting therefrom and is caused by the negligence, or acts or omissions, of (mechanical, electrical, or plumbing subcontractor), its subcontractors, any of their employees, and anyone directly or indirectly employed by them or anyone for whose acts they may be liable, or (2) as related to such claims, damages, fines, penalties, losses, and expense of or against (general prime contractor), results from or arises out of the negligence of (general prime contractor) or other fault in providing general supervision or oversight of the work of (mechanical, electrical, or plumbing subcontractor) or (3) as related to claims, damages, fines, penalties, losses, and expense against the Department (Department of Administration or Board of Regents), arises out of the department's (department's or board's) status as owner of the project or project site.

SB21-SSA1,62,19 In addition (mechanical, electrical, or plumbing subcontractor) shall defend, indemnify, and hold harmless (general prime contractor) and its officers, directors, agents, and any others (general prime contractor) is required to indemnify under its contract with the department (Department of Administration or Board of Regents), and the employees of any of them, from any liability, including liability resulting from a violation of any applicable safe place act, that (general prime contractor) or the state incurs to any employee of (mechanical, electrical, or plumbing subcontractor) or any third party where the liability arises from a derivative claim from said employee, when the liability arises out of the failure of the (general prime contractor) or the state to properly supervise, inspect, or approve the work or work area of (mechanical, electrical, or plumbing subcontractor), but only to the extent that the liability arises out of the acts or omissions of (mechanical, electrical, or plumbing subcontractor), its employees, or anyone for whom (mechanical, electrical, or plumbing subcontractor) may be liable, or from (mechanical, electrical, or plumbing subcontractor's) breach of its contractual responsibilities or arises out of (general prime contractor's) negligence or other fault in providing general supervision or oversight of (mechanical, electrical, or plumbing subcontractor's) work or arises out of the Department (Department of Administration's or Board of Regents') status as owner of the project or project site. In claims against (general prime contractor) or the state by an employee of (mechanical, electrical, or plumbing subcontractor) or its subcontractors or anyone for whose acts (mechanical, electrical, or plumbing subcontractor) may be liable, the indemnification obligation of this paragraph is not limited by a limitation on amount or type of damage, compensation, or other benefits payable by or for the (mechanical, electrical, or plumbing subcontractor) or its subcontractors under workers' compensation act.

SB21-SSA1,63,3 Except as identified above, the obligations of (mechanical, electrical, or plumbing subcontractor) under this indemnification do not extend to the liability of (general prime contractor) and its agents or employees arising out of (1) preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications; (2) the giving of or failure to give directions or instructions by the (general prime contractor) or the Department (Department of Administration or Board of Regents) or their agents or employees provided the giving or failure to give is the cause of the injury or damage; or (3) the acts or omissions of other subcontractors.

SB21-SSA1,63,6 Retainage. Retainage shall occur and be in amounts and on a schedule equal to that in the contract between (general prime contractor) and the Department (Department of Administration or Board of Regents).

SB21-SSA1,374u Section 374u. 16.855 (14m) (c) 2. of the statutes is amended to read:

SB21-SSA1,63,10 16.855 (14m) (c) 2. The prohibition under subd. 1. does not apply to change orders by the department or the Board of Regents that result in changes to the plans or specifications or to back charges allowed by the contract under sub. (13).

SB21-SSA1,374y Section 374y. 16.855 (19) (b) of the statutes is amended to read:

SB21-SSA1,64,3 16.855 (19) (b) As the work progresses under any subcontract under sub. (14) (e) for construction of a project, the general prime contractor shall, upon request of a subcontractor, pay to the subcontractor an amount equal to the proportionate value of the subcontractor's work properly completed, less retainage. The retainage shall be an amount equal to not more than 5 percent of the subcontractor's work completed until 50 percent of the subcontractor's work has been completed. At 50 percent completion, no additional amounts may be retained, and partial payments shall be made in full to the subcontractor unless the department or the Board of Regents certifies that the subcontractor's work is not proceeding satisfactorily. At 50 percent completion or any time thereafter when the progress of the subcontractor's work is not satisfactory, additional amounts may be retained but the total retainage may not be more than 10 percent of the value of the work completed. Upon substantial completion of the subcontractor's work, any amount retained shall be paid to the subcontractor, less the value of any required corrective work or uncompleted work. All payments the general prime contractor makes under this paragraph shall be within 7 calendar days after the date on which the general prime contractor receives payment from the department or board.

SB21-SSA1,375m Section 375m. 16.855 (20) of the statutes is amended to read:

SB21-SSA1,64,10 16.855 (20) This section does not apply to construction work performed by University of Wisconsin System students when the construction work performed is a part of a curriculum and where the work is course-related for the student involved. Prior approval of the building commission must be obtained for all construction projects to be performed by University of Wisconsin System students, except projects specified in s. 13.48 (10) (c) and (e).

SB21-SSA1,378g Section 378g. 16.855 (22) of the statutes is amended to read:

SB21-SSA1,64,21 16.855 (22) The provisions of this section, except sub. (10m), do not apply to construction work for any project that does not require the prior approval of the building commission under s. 13.48 (10) (a) if the project is constructed in accordance with policies and procedures prescribed by the building commission under s. 13.48 (29). If the estimated construction cost of any project, other than a project constructed by or for the University of Wisconsin System that is exempted under sub. (23) (12m) or (24), is at least $50,000, and the building commission elects to utilize the procedures prescribed under s. 13.48 (29) to construct the project, the department shall provide adequate public notice of the project and the procedures to be utilized to construct the project on a publicly accessible computer site.

SB21-SSA1,378r Section 378r. 16.855 (23) of the statutes is repealed.

SB21-SSA1,378t Section 378t. 16.855 (24) of the statutes is created to read:

SB21-SSA1,65,3 16.855 (24) This section does not apply to an eligible energy conservation project approved by the president of the University of Wisconsin System under s. 36.11 (26m) (b).

SB21-SSA1,392g Section 392g. 16.87 (5) of the statutes is amended to read:

SB21-SSA1,65,7 16.87 (5) This section does not apply to any project for the University of Wisconsin System involving a cost of less than $500,000 that is funded entirely from the proceeds of gifts or grants made to the system specified in s. 13.48 (10) (c) or (e).

SB21-SSA1,392r Section 392r. 16.89 of the statutes is amended to read:

SB21-SSA1,65,16 16.89 Construction and services controlled by this chapter. No department, independent agency, constitutional office or agent of the state shall employ engineering, architectural or allied services or expend money for construction purposes on behalf of the state, except as provided in this chapter and except that the Board of Regents of the University of Wisconsin System may engage such services for any project involving a cost of less than $500,000 that is funded entirely from the proceeds of gifts or grants made to the system specified in s. 13.48 (10) (c) or (e).

SB21-SSA1,393p Section 393p. 16.95 (17) of the statutes is created to read:

SB21-SSA1,65,22 16.95 (17) Upon request, provide any necessary certification for a person to receive a tax deduction under 26 USC 179D if the person is the person who is primarily responsible for designing a property, if the property the person designed is installed on or in state-owned property, and if the property qualifies as an energy efficient commercial building property.

SB21-SSA1,394 Section 394. 16.956 (2) of the statutes is amended to read:

SB21-SSA1,66,3 16.956 (2) Authority. Beginning on July 1, 2006, and ending on June 30, 2015 2020, the department may award a grant to an eligible applicant for the purchase and field testing of one or more idling reduction units as provided in subs. (3) and (4).

SB21-SSA1,395 Section 395. 16.956 (4) (cm) of the statutes is amended to read:

SB21-SSA1,66,9 16.956 (4) (cm) Subject to par. (d), the department may make grants under this section from July 1, 2009 to June 30, 2015 2020, of 50 percent of the eligible costs for an idling reduction unit installed on a truck tractor, unless the department has previously awarded a grant under this section for an idling reduction unit installed on the truck tractor.

SB21-SSA1,396 Section 396. 16.956 (6) of the statutes is amended to read:

SB21-SSA1,66,12 16.956 (6) Sunset. Subsections (2) to (4) do not apply after December 31, 2016 2021.

SB21-SSA1,396d Section 396d. 16.957 (1) (cm) of the statutes is repealed.

SB21-SSA1,396h Section 396h. 16.957 (2) (intro.) of the statutes is amended to read:

SB21-SSA1,66,16 16.957 (2) Department duties. (intro.) In consultation with the council, the The department shall do all of the following:

SB21-SSA1,396p Section 396p. 16.957 (2) (d) 4. d. of the statutes is amended to read:

SB21-SSA1,66,19 16.957 (2) (d) 4. d. Any other issue identified by the department, council, governor, speaker of the assembly or majority leader of the senate.

SB21-SSA1,396t Section 396t. 16.957 (4) (b) (intro.) of the statutes is amended to read:

SB21-SSA1,66,25 16.957 (4) (b) Rules. (intro.) In consultation with the council, the The department shall promulgate rules that establish the amount of a low-income assistance fee under par. (a). Fees established in rules under this paragraph may vary by class of customer, but shall be uniform within each class, and shall satisfy each of the following:

SB21-SSA1,398m Section 398m. 16.97 (2m) of the statutes is repealed.

SB21-SSA1,412p Section 412p. 16.973 (7) of the statutes is amended to read:

SB21-SSA1,67,10 16.973 (7) Prescribe and revise as necessary performance measures to ensure financial controls and accountability, optimal personnel utilization, and customer satisfaction for all information technology functions in the executive branch outside of the University of Wisconsin System and annually, no later than March 31, report to the joint committee on information policy and technology and the board concerning the performance measures utilized by the department and the actual performance of the department and the executive branch agencies measured against the performance measures then in effect.