[HISTORY: Adopted by the Village Board of the Village of
Coloma 6-30-1994 as Title 4, Ch.
1, of the 1994 Code. Amendments noted where applicable.]
All contracts for public construction in the Village of Coloma
exceeding $25,000 shall be let by the Village Board to the lowest
responsible bidder in accordance with the following procedures; all
other public construction shall be let as the Board may direct. Notwithstanding,
the procedures below are not mandatory for the repair and reconstruction
of public facilities when damage or threatened damage thereto creates
an emergency, as determined by resolution of the Village Board, in
which the public health or welfare of the Village is endangered. Whenever
the Village Board by majority vote at a regular or special meeting
declares that an emergency no longer exists, this exemption no longer
applies.
A.
MUNICIPALITY
PERSON
PUBLIC CONTRACT
SUBCONTRACTOR
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
The Village of Coloma.
Shall mean and include any and every individual, copartnership,
association, corporation or joint stock company, lessee, trustee or
receiver.
Includes any contract for the construction, execution, repair,
remodeling, improvement of any public work, building, furnishing of
supplies, material of any kind whatsoever, proposals for which are
required to be advertised for by law.
A person whose relationship to the principal contractor is
substantially the same as to a part of the work as the latter's
relationship is to the proprietor. A subcontractor takes a distinct
part of the work in such a way that he/she does not contemplate doing
merely personal service.
B.
Bidders' proof of responsibility. Upon all contracts subject to this
section, the Village may, before delivering any form for bid proposals,
plans and specifications pertaining thereto to any person, require
such person to submit a full and complete statement, sworn to before
an officer authorized by law to administer oaths, of financial ability,
equipment, experience in the work prescribed in said contract, and
of such other matters as the Village may require for the protection
and welfare of the public in the performance of any public contract;
such statement shall be in writing on a standard form of a questionnaire
as adopted for such use by the Village, to be furnished by such Village.
Such statement shall be filed in the manner and place designated by
the Village. Such statements shall not be received less than five
days prior to the time set for opening of bids. The contents of said
statements shall be confidential and shall not be disclosed except
upon the written order of such persons furnishing the same, or for
necessary use by the Village in qualifying such person, or in cases
of action against, or by such person or municipality. The governing
body of the Village power shall properly evaluate the sworn statements
filed relative to financial ability, equipment and experience in the
work prescribed and shall find the maker of such statement either
qualified or unqualified.
C.
Proof of responsibility, condition precedent. No bid shall be received from any person who has not submitted the sworn statement as provided in Subsection B above, provided that any prospective bidder who has once qualified to the satisfaction of the Village and who wished to become a bidder upon subsequent public contracts under the jurisdiction of the same, to whose satisfaction the prospective bidder has qualified under Subsection B above, need not separately qualify on such public contract unless required so to do by the Village.
D.
Rejection of bid. Whenever, the Village is not satisfied with the
sufficiency of the answer contained in the questionnaire and financial
statement, it may reject said bid, or disregard the same.
E.
Correction of error in bid. Whenever any person shall submit a bid
or proposal for the performance of public work under any public contract
to be let by the Village, who shall claim mistake, omission or error
in preparing his/her bid, he/she shall, before the bids are opened,
make known the fact that he/she has made an error, omission or mistake,
and in such case his/her bid shall be returned to him/her unopened
and he/she shall not be entitled to bid upon the contract at hand
unless the same is re-advertised and re-let upon such advertisement.
In case any person shall make an error or omission or mistake and
shall discover the same after the bids are opened, he/she shall immediately
and without delay give written notice and make known the fact of such
mistake, omission or error which has been committed and submit to
the Village clear and satisfactory evidence of such mistake, omission
or error and that the same was not caused by any careless act or omission
on his/her part in the exercise of ordinary care in examining the
plans, specifications and conforming with the provisions of this section,
and, in case of forfeiture, shall not be entitled to recover the moneys
or certified check forfeited as liquidated damages unless he/she shall
prove before a court of competent jurisdiction in an action brought
for the recovery of the amount forfeited, that in making the mistake,
error or omission he/she was free from carelessness, negligence or
inexcusable neglect.[1]
F.
Separation of contracts. On those public contracts calling for the
construction, repair, remodeling or improvements of any public building
or structure other than highway structures and facilities, the Village
may bid projects based on a single or multiple division of the work.
Contracts shall be awarded according to the division of work selected
for bidding. The Village may set out in any public contract reasonable
and lawful conditions as to the hours of labor, wages, residence,
character and classification of workmen to be employed by any contractor,
and to classify such contractors as to their financial responsibility,
competency and ability to perform work and to set up a classified
list of contractors pursuant thereto; and the Village may also reject
the bid of any person, if such person has not been classified pursuant
to the said questionnaire for the kind or amount of work in said bid.
G.
Bidder's certificate. On all contracts, the bidder shall incorporate
and make a part of his/her proposal for the doing of any work or labor
or the furnishing of any material in or about any public work or contract
of the Village a sworn statement by himself/herself, or if not an
individual by one authorized, that he/she has examined and carefully
prepared said proposal from the plans and specifications and has checked
the same in detail before submitting said proposal or bid to the Village
and also at the same time as a part of said proposal, submit a list
of the subcontractors he/she proposed to contract with, and the class
of work to be performed by each, provided that to qualify for such
listing such subcontractor must first submit his/her bid in writing,
to the general contractor at least 48 hours prior to the time of the
bid closing which list shall not be added to nor altered without the
written consent of the Village. A proposal of a bidder shall not be
invalid if any subcontractor and the class of work to be performed
by such subcontractor has been omitted from a proposal; such omission
shall be considered as inadvertent, or that the bidder will perform
the work himself/herself.
H.
Settlement of disputes; defaults. Whenever there is a dispute between
the contractor or surety or the Village as to determine whether there
is a compliance with the provisions of the contract as to the hours
of labor, wages, residence, character and classification of workmen
employed by any contractor, the determination of the Village shall
be final, and, in case of violation of said provisions, the Village
may declare the contract in default and request the surety to perform
or re-let upon advertisement the remaining portion of the contract.
I.
Estimates and release of funds; retained percentages. As the work
progresses under any contract involving $1,000 or more for the construction,
execution, repair, remodeling or improvement of any public work or
building or for the furnishing of any supplies or materials, whether
or not proposals for which are required to be advertised by law, the
Village, from time to time, shall grant to the contractor an estimate
of the amount and proportionate value of the work done, which shall
entitle the contractor to receive the amount thereof, less the retainage,
from the proper fund. On all such contracts, the retainage shall be
an amount equal to 10% of said estimate until 50% of the work has
been completed. At fifty-percent completion, further partial payments
shall be made in full to the contractor and no additional amounts
may be retained unless the architect or engineer certifies that the
job is not proceeding satisfactorily, but amounts previously retained
shall not be paid to the contractor. At fifty-percent completion or
any time thereafter when the progress of the work is not satisfactory,
additional amounts may be retained, but in no event shall the total
retainage be more than 10% of the value of the work completed. Upon
substantial completion of the work, an amount retained may be paid
to the contractor. When the work has been substantially completed
except for work which cannot be completed because of weather conditions,
lack of materials or other reasons which in the judgment of the Village
are valid reasons for noncompletion, the Village may make additional
payments, retaining at all times an amount sufficient to cover the
estimated cost of the work still to be completed or in the alternative
may pay out the entire amount retained and receive from the contractor
guarantee in the form of a bond or other collateral sufficient to
ensure completion of the job. For the purpose of the section, estimates
may include any fabricated or manufactured materials and components
specified, previously paid for by the contractor and delivered to
the work or properly stored and suitable for incorporation in the
work embraced in the contract.
The Village may, by ordinance, provide that as a complete alternative
to the procedures described above, the provisions of § 62.15,
Wis. Stats., shall apply. In such case, the authority vested in the
Board of Public Works shall instead be exercised by the Village Board.
Whenever the Village Board shall, after notice duly given, have
received bids for the grading of streets, construction of sewers,
laying of pavements, sprinkling and cleaning of streets or for any
other public work or improvement, or for the furnishing of materials
therefor, and be of the opinion that such bids are fraudulent, collusive
or greater in amount than the fair reasonable value of the work to
be done or materials to be furnished, or if no bids are received,
said Village Board may, by resolution and by the vote of 2/3 of its
members, direct and determine that the bids so received shall be rejected
and that the work to be done and materials to be furnished shall be
performed and furnished by the Village directly, and under the direction
and supervision of the Village Board.
