16.847(7)(a)
(a) For any loan, approval by the department under
sub. (6) is required.
16.847(7)(b)
(b) For loans of $100,000 or more, after approval by the department under
par. (a), approval by the building commission is required. Any approval by the building commission does not require enumeration as provided in
s. 20.924 (1).
16.847(8)(a)(a) As a condition of receiving a loan under
sub. (6), an agency shall enter into an agreement to repay the loan from utility expenses saved by the energy efficiency project. The agreement shall specify the annual repayment amount and the appropriation to which the loan shall be repaid. Annually, the department may transfer the specified repayment amount from an appropriation described in the agreement to the same account in the energy efficiency fund from which the loan was made. The department shall determine the amount of utility expenses saved by an energy efficiency project.
16.847(8)(b)
(b) As a condition of receiving a loan under
sub. (6), an agency shall agree that for 6 years after the loan is repaid utility expenses saved by the energy efficiency project shall be allocated as follows:
16.847(8)(b)1.
1. The department may transfer one-third of the annual savings to the general fund.
16.847(8)(b)2.
2. The department may transfer one-third of the annual savings to the energy efficiency fund for maintenance of projects with an energy efficiency benefit and for energy efficiency monitoring.
16.847(8)(b)3.
3. Subject to approval under
s. 13.101 (4), the agency may retain one-third of the annual savings for its general program operations.
16.847(9)
(9) Maintenance, monitoring and education. 16.847(9)(a)(a) From the appropriation under
s. 20.505 (5) (q), the department may expend up to 3% of the total amounts deposited in the energy fund for energy efficiency monitoring and for education programs that provide information about energy efficiency projects or information about energy conservation.
16.847(9)(b)
(b) From the appropriation under
s. 20.505 (5) (q), the department may expend amounts deposited in the energy efficiency fund under
sub. (8) (b) 2. for maintenance of projects with an energy efficiency benefit and for energy efficiency monitoring.
16.847(9)(c)
(c) The department shall monitor the cost and performance of energy efficiency projects funded under this section. The department shall disseminate this information to other state agencies, the manufacturers of energy systems, architects, design engineers, contractors and the general public to promote a broader awareness and knowledge of the savings that may be achieved through energy efficiency projects and the cost and performance of currently available energy systems.
16.847(9)(d)
(d) The department shall establish a pilot program to intensively monitor energy use in selected state facilities to determine the optimal level of monitoring required to do all of the following:
16.847(9)(d)1.
1. Plan and measure energy savings from energy efficiency improvements.
16.847(9)(d)2.
2. Maintain and operate energy systems as efficiently as possible.
16.848
16.848
Energy savings performance contracting. 16.848(1)(b)
(b) "Energy conservation measure" means a facility alteration or training, service or operations program designed to reduce energy consumption or operating costs or ensure state or local building code compliance.
16.848(1)(c)
(c) "Performance contract" means a contract for the evaluation and recommendation of energy conservation and facility improvement measures, and for the implementation of one or more such measures.
16.848(1)(d)
(d) "Qualified provider" means a person who is experienced in the design, implementation and installation of energy conservation and facility improvement measures and who has the ability to provide labor and material payment and performance bonds equal to the maximum amount of any payments due under a performance contract entered into by the person.
16.848(2)(a)(a) Any agency may, in accordance with this section, enter into a performance contract under
subch. IV with a qualified provider to reduce energy or operating costs, ensure state or local building code compliance or enhance the protection of property of the agency.
16.848(2)(b)
(b) Prior to entering into a performance contract for the implementation of any energy conservation or facility improvement measure, an agency shall obtain a report from a qualified provider containing recommendations concerning the amount the agency should spend on energy conservation and facility improvement measures. The report shall contain estimates of all costs of installation, modifications, or remodeling, including costs of design, engineering, maintenance, repairs and financing. In addition, the report shall contain a guarantee specifying a minimum amount by which energy or operating costs of the agency will be reduced, if the installation, modification or remodeling is performed by that qualified provider.
16.848(2)(c)
(c) If, after review of the report under
par. (b), the agency finds that the amount it would spend on the energy conservation and facility improvement measures recommended in the report is not likely to exceed the amount to be saved in energy and operation costs over the remaining useful life of the facility to which the measures apply, the agency may enter into the contract.
16.848(3)
(3) Notice. Before entering into a performance contract under this section, an agency shall publish a class 1 notice of its intent to award the performance contract, the names of the parties to the proposed performance contract, and a description of the energy conservation and facility improvement measures included in the performance contract.
16.848(4)
(4) Instalment payment and lease-purchase agreements. An agency may enter into an instalment payment contract or lease-purchase agreement for the purchase and installation of energy conservation or facility improvement measures.
16.848(5)
(5) Payment schedule; savings. Each performance contract shall provide that all payments, except obligations on termination of the contract before its expiration, shall be made over time as energy savings are achieved. Energy savings shall be guaranteed by the qualified provider for the entire term of the performance contract.
16.848(6)
(6) Terms of contracts. A performance contract may extend beyond the fiscal year in which it becomes effective, subject to appropriation of moneys, if required by law, for costs incurred in future fiscal years.
16.848(7)
(7) Allocation of obligations. Subject to appropriations as provided in
sub. (6), each agency shall allocate sufficient moneys from its appropriations for each fiscal year to make payment of any amounts payable by the agency under performance contracts during that fiscal year.
16.848(8)
(8) Bonds. Each qualified provider under a performance contract shall provide labor and material payment and performance bonds in an amount equivalent to the maximum amount of any payments due under the contract.
16.848(9)
(9) Use of moneys. Unless otherwise provided by law, if an agency receives appropriations designated for operating and capital expenditures, the agency may use moneys designated for operating or capital expenditures to make payments under any performance contract, including instalment payments or payments under lease-purchase agreements.
16.848(10)
(10) Monitoring; reports. During the entire term of each performance contract, the qualified provider entering into the contract shall monitor the reductions in energy consumption and cost savings attributable to the energy conservation and facility improvement measures installed under the contract, and shall periodically prepare and provide a report to the agency entering into the contract documenting the reductions in energy consumption and cost savings to the agency.
16.848(11)
(11) Energy conservation measures. Energy conservation measures under this section may include the following:
16.848(11)(a)
(a) Insulation of a building structure or systems within a building.
16.848(11)(b)
(b) Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat-absorbing or heat-reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption.
16.848(11)(c)
(c) Automated or computerized energy control and facility management systems or computerized maintenance management systems.
16.848(11)(d)
(d) Heating, ventilating or air conditioning system modifications or replacements.
16.848(11)(e)
(e) Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made.
16.848(11)(h)
(h) Cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings.
16.848(11)(j)
(j) Any other facility improvement measure that is designed to provide long-term energy or operating cost reductions or compliance with state or local building codes.
16.848 History
History: 1995 a. 27.
ENGINEERING
16.85
16.85
Department of administration; powers, duties. The department of administration shall exercise the powers and duties prescribed by
ss. 16.85 to
16.91:
16.85(1)
(1) To take charge of and supervise all engineering or architectural services or construction work as defined in
s. 16.87 performed by, or for, the state, or any department, board, institution, commission or officer thereof, 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 the engineering, architectural and construction work of the department of transportation, the engineering service performed by the department of commerce, department of revenue, public service commission, department of health and family services and other departments, boards and commissions when the service is not related to the maintenance, construction and planning of the physical properties of the state, and energy efficiency projects of the energy efficiency program under
s. 16.847. The department shall not authorize construction work for any state office facility in the city of Madison after May 11, 1990, unless the department first provides suitable space for a day care center primarily for use by children of state employes.
16.85(2)
(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. 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
ch. 231,
233 or
234.
16.85(3)
(3) To act and assist any department, board, commission or officer requesting such cooperation and assistance, in letting contracts for engineering or architectural work authorized by law and in supervising the work done thereunder;
16.85(4)
(4) To approve the appointment of a chief operating engineer for each state-owned or operated heating, cooling or power plant and pumping station, to provide for the methods of operating the plants and stations and to design records and forms for reporting accurately the cost per unit of product or service. The superintendent or other person having charge of each plant or station shall not only report to the agency which operates the plant or station but to the secretary in the manner and at such times as the secretary determines. In this subsection, "agency" has the meaning given under
sub. (2).
16.85(5)
(5) To promote the use of energy conservation methods in state-owned facilities, to implement and refine a statewide energy monitoring system and to develop and implement initiatives of replacing fossil fuels with renewable energy fuels.
16.85(6)
(6) To approve the appointment of a principal engineer or architect for departments, boards and commissions and when such continuous service is needed. No such engineer or architect shall be employed without the written approval of the secretary.
16.85(7)
(7) To rebuild and repair discarded machinery of the several state institutions when found feasible, and put the same back into service in the same department or in any other state department, and upon requisition to furnish services and material and loan equipment at fair rentals based on the cost thereof, in connection with the construction, operation and maintenance of heating and power plants, utilities and equipment.
16.85(8)
(8) The secretary or the secretary's designated assistants shall make a biennial inspection of each building of each institution of the state. The secretary may delegate this responsibility to the board, commission or officer in charge of such institution.
16.85(10)
(10) To prepare in cooperation with the state agencies concerned, plans for the future growth and development of various state institutions and to serve as technical adviser to the building commission in connection with the development of the state long-range building program provided in
ss. 13.48 and
13.482.
16.85(11)
(11) The secretary may delegate any of the work under this subchapter to the various state agencies when the secretary determines that the best interests of the state will be served. All such delegation will be in writing and accompanied by the proper rules and guidelines the agencies must follow to ensure performance to the satisfaction of the secretary.
16.85(12)
(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.
16.85(14)
(14) To review and approve the design and specifications of any construction or improvement project of the University of Wisconsin Hospitals and Clinics Authority on state-owned land, to approve the decision to construct any such construction or improvement project and to periodically review the progress of the project during construction to assure compliance with the approved design and specifications. This subsection does not apply to any construction or improvement project of the authority that costs less than the amount that is required to be specified in the lease agreement between the authority and the board of regents of the University of Wisconsin System under
s. 233.04 (7) (d).
16.851
16.851
Plans for state buildings, structures or facilities. Except as the department otherwise provides by rule, records of the department containing plans or specifications for any state-owned or state-leased building, structure or facility, or any proposed state-owned or state-leased building, structure or facility, are not subject to the right of public inspection or copying under
s. 19.35 (1). If the department transfers any records containing any such plans or specifications to any other authority as defined in
s. 19.32 (1), the department shall require the authority to agree in writing not to make the record available for public inspection or copying except as the department otherwise permits by rule.
16.851 History
History: 1995 a. 27.
16.854
16.854
Services provided to professional baseball park districts. 16.854(1)(c)
(c) "Women's business" means a sole proprietorship, partnership, joint venture or corporation that is at least 51% owned, controlled and actively managed by women.
16.854(2)
(2) Subject to the requirements of
s. 16.82 (7), the department may, upon request of any local professional baseball park district, if the district has entered into a lease agreement with the department under
s. 16.82 (7), take charge of and supervise engineering or architectural services or construction work, as defined in
s. 16.87, performed by, or for, the district for compensation to be agreed upon between the department and the district. In connection with such services or work, the department may furnish engineering, architectural, project management and other building construction services whenever requisitions therefor are presented to the department by the district. If the district has entered into a lease agreement with the department under
s. 16.82 (7), the department may also assist the district, upon request of the district, in letting contracts for engineering, architectural or construction work authorized by law and in supervising the work done thereunder. The department may award any such contract for any combination or division of work it designates and may consider any factors in awarding a contract including price, time for completion of work and the qualifications and past performance of a contractor. In awarding contracts under this section for the construction of baseball park facilities, as defined in
s. 229.65 (1), the department shall ensure that any person who is awarded a contract agrees, as a condition to receiving the contract, that his or her goal shall be to ensure that at least 25% of the employes hired because of the contract will be minority group members and at least 5% of the employes hired because of the contract will be women. It shall also be a goal of the department to ensure that at least 25% of the aggregate dollar value of contracts awarded for the construction of such facilities in the following areas are awarded to minority businesses and at least 5% of the aggregate dollar value of contracts awarded for the construction of such facilities in the following areas are awarded to women's businesses:
16.854(2)(a)
(a) Contracts for the construction of baseball park facilities.
16.854(2)(b)
(b) Contracts for professional services related to the construction of baseball park facilities.
16.854(2)(c)
(c) Contracts for the development of baseball park facilities.
16.854(3)
(3) It shall be a goal of the department, with regard to each of the contracts described under
sub. (2) (a),
(b) and
(c), to award at least 25% of the dollar value of such contracts to minority businesses and at least 5% of the dollar value of such contracts to women's businesses.
Sections 16.85,
16.855 and
16.87 do not apply to services provided or contracted by the department under this section.
16.854 History
History: 1995 a. 56.
16.855
16.855
Construction project contracts. 16.855(1)
(1) The department shall let by contract to the lowest qualified responsible bidder all construction work when the estimated construction cost of the project exceeds $30,000, except as provided in
sub. (10m) or
s. 13.48 (19). If a bidder is not a Wisconsin firm and the department determines that the state, foreign nation or subdivision thereof in which the bidder is domiciled grants a preference to bidders domiciled in that state, nation or subdivision in making governmental purchases, the department shall give a preference over that bidder to Wisconsin firms, if any, when awarding the contract, in the absence of compelling reasons to the contrary. The department may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subsection.
16.855(2)
(2) Whenever the estimated construction cost of a project exceeds $30,000, or if less and in the best interest of the state, the department shall:
16.855(2)(a)
(a) Advertise for proposals by publication of a class 1 notice, under
ch. 985, in the official state newspaper. Similar notices may be placed in publications likely to inform potential bidders of the project. The department may solicit bids from qualified contractors to insure adequate competition. All advertisements shall contain the following information:
16.855(2)(b)1.1. Require that a guarantee of not less than 10% of the amount of the bid shall be included with each bid submitted guaranteeing the execution of the contract within 10 days of offering, if offered within 30 days after the date set for the opening thereof. The parties may agree to extend the time for offering of the contract beyond 30 days after the opening of bids.
16.855(2)(b)2.
2. If the federal government participates in a state project, the bid guarantee required in this paragraph controls, unless the federal government makes a specific provision for a different bid guarantee.
