Village of Mount Pleasant, WI Public Contracts

[Amended 9-24-2012 by Ord. No. 08-2012]

Purpose and applicability. The purpose of this section is to ensure that contractors and subcontractors who perform work on public improvement projects within the Village are responsible, competent to perform such work skillfully, capable of completing such work in a timely manner and sensitive to the necessity of performing such work in a manner that protects the health, safety and welfare of the public and minimizes any disturbance, inconvenience or annoyance to the public. This Ordinance shall apply to all public improvement contracts entered into by the Village of Mount Pleasant that are estimated to have a construction contract value of $25,000 or more.

(b)

Definitions.

(1)

ADMINISTRATOR — The Village Administrator and/or such other Village staff members or officials as may be designated as the administrators of this section by resolutions adopted from time to time by the Village Board; the Village Board, at its discretion, may perform, in the first instance, any function delegated to the Administrator by this section.

(2)

PUBLIC IMPROVEMENT PROJECT — Any project within the Village, or undertaken by or behalf of the Village, involving the construction, reconstruction, improvement, installation, remodeling or repair of, or any grading, excavation, drilling, filling, landscaping or other work in connection with any public improvement, including without limitation all public buildings, public street improvements (pavement, curbs and gutters, sidewalks, culverts, street trees, streetlights and street signs), public bridges, public sanitary sewerage system improvements and facilities, public water supply and distribution system improvements and facilities, public storm sewer and drainage system improvements and facilities, and public parks and recreational facilities, or any improvements or facilities that are intended to become public through dedication to the Village in connection with an approved land division or otherwise.

(3)

PERSON — Any individual, corporation, partnership, association, trust, body politic or corporate, or any other legal entity.

(4)

SUBCONTRACTOR — Any person whose relationship to the principal contractor is substantially the same, with respect to a part of the work on a public improvement project, as the latter's relationship is to the proprietor; a subcontractor takes a distinct part of the work on a project in such a way that the subcontractor does not contemplate doing merely personal service.

(c)

Qualification requirement. No person shall be permitted to obtain bid proposal forms or related plans or specifications from the Village for the purpose of submitting a bid for work on any public improvement project, or to submit a bid for work on any public improvement project without first qualifying for such activities pursuant to the provisions of this section. Except as permitted by Subsection (d), it shall be unlawful to, and no person shall, act as a contractor or subcontractor on any public improvement project within the Village unless such person is duly qualified pursuant to this section.

(d)

Exemption. Any contractor or subcontractor who has submitted a bid to the Village for work on a public improvement project or who has entered into a construction contract for work on a public improvement project prior to the effective date of this section shall be exempted from this section only to the extent of the work on such project. No lapse, suspension or cancellation of the qualification of a contractor or subcontractor under this section shall affect the ability of such contractor or subcontractor to carry out a contract with respect to a public improvement project, without penalty, provided that such contract was entered into in good faith at a time such contractor or subcontractor was duly qualified.

(e)

Qualification application. Any person who wishes to obtain bid proposal forms or related plans or specifications from the Village for the purpose of submitting a bid for work on any public improvement project or to act as a contractor or subcontractor on any public improvement project, may become qualified to do so by filing with the Administrator an application for qualification. Each such application shall specify the categories of public improvement projects for which qualification is sought and shall be accompanied by a sworn statement of qualifications. The applicant shall pay to the Village Clerk/Treasurer, at the time of application, an application fee of $75, or such other amount as may be set periodically by resolution of the Village Board, to help defray the costs of reviewing and evaluating the application. All applications for qualification and all sworn statements of qualification shall be submitted on standard forms approved by the Village Board and available from the Administrator. The Administrator may require from time to time that additional or supplementary information be submitted by any applicant or any qualified contractor or subcontractor with respect to particular categories of public improvement projects, or with respect to a particular public improvement project, or as a follow-up to issues raised by a failure to submit the required information, or by the information initially submitted, or by problems or complaints generated by work on current or recent public improvement projects, or by adverse information received from any source.

(f)

Qualification categories. The following are the general categories of public improvement projects on which contractors and subcontractors may be qualified to perform work pursuant to this section. If applicant cannot qualify for a general category, please indicate qualification in related work in individual categories under the general category:

(1)

General street construction. The applicant must be capable of the construction and performance of a complete unit of street improvement work, including without limitation grading, sub-base work, base course, masonry, asphaltic or concrete pavement, miscellaneous concrete structures (including lighting and signal bases), pavement marking, roadway signage, street lighting, traffic signals, and related work, or any combination thereof.

(2)

General utility construction. The applicant must be capable of the trenching, excavating, boring, casing installation, bedding and placing pipe, backfilling, compacting, connecting service lines, testing, and restoring pavement surface or restoration of non-paved areas.

(3)

General landscaping. The applicant must be capable of the excavation to prepare for planting, supplying plant material, planting ornamental or native plants, shrubs, and trees, capable of providing maintenance of planted materials including staking, watering, weeding, mowing, etc.

(4)

Invasive species control. The applicant possesses the understanding of plant identification, particularly the identified invasive species of the region and has the training, knowledge, and certification when required to apply herbicide treatments or other methods of control in environmentally sensitive areas.

(5)

General bridge structures. The applicant must be capable of the construction and/or erection of bridge structures including precast, cast-in-place, steel, timber, railroad structures, and must be able to provide a completed ready to use facility including, railings, ornamental attachments, and painting of the structure.

(6)

Railroad construction. The applicant must be capable of excavating and grading for the track bed, installation of drainage structures, ballasting, laying or replacement of railroad ties, rails, turnouts, etc.

(7)

General building construction. The applicant must be capable of the complete construction of building structures including; erection of frame superstructure, general masonry walls and pre-cast panels, roofing, HVAC systems installation or repair, electrical and communications wiring, interior carpentry, glass and glazing, plumbing, fire protection, site work (including grading, sidewalk and parking lot), painting both exterior and interior portions of the building.

(g)

Qualification determination. The Administrator shall determine whether and with respect to which categories of public improvement projects an applicant is qualified. Such determination shall be made in writing as soon as practical after an application and all required information is filed. In the event that an applicant fails or refuses to file required supporting or supplementary information within a reasonable period of time, the Administrator may deny qualification, entirely or with respect to certain categories of public improvement projects, or subject any qualification granted to reasonable conditions. The Administrator may attach to any determination to qualify a contractor or subcontractor under this section such conditions precedent or subsequent as may be reasonable in light of the purposes of this section and the information available to the Administrator.

(h)

Notice of determination. The Administrator shall promptly notify the applicant in writing of any determination made with respect to qualification. Any determination to deny any qualification sought by an applicant because of the lack of required information shall specify the missing information. Any determination to deny any qualification sought by an applicant, for any reason other than missing information shall specify with particularity the reasons for such determination. Any determination to qualify an applicant shall specify for which categories of public improvement projects the applicant is qualified and any conditions to which the qualification is subject. In the absence of a subsequent determination to modify, suspend or cancel the qualification of a contractor or subcontractor, all determination to qualify an applicant shall be effective for the remainder of the then-current calendar year, plus two additional calendar years.

(i)

Reconsideration. An applicant may file an application to reconsider a prior qualification determination at any time. The fee for filing an application to reconsider prior determination shall be 1/2 the fee for an initial application, and such application shall be processed in the same manner as an initial or renewal application. The applicant shall file with the application an updated sworn statement of qualifications. Any such statement shall correct all outdated or incorrect information in the prior statement and shall include any new information upon which the application is based.

(j)

Suspension, modification or cancellation of qualification. If a contractor or subcontractor qualified under this section fails or refuses promptly to supply any information requested by the Administrator, or fails to satisfactorily perform work on any public improvement project, or if the Administrator receives material new information regarding the responsibility, competence or capability of the contractor or subcontractor, or its sensitivity to the necessity of performing work on public improvement projects in such a way as to protect the health, safety and welfare of the public and to minimize any disturbance, inconvenience or annoyance to the public, which demonstrates that a prior qualification determination is no longer justified, the Administrator may suspend, modify, cancel or subject to new conditions the qualification of such contractor or subcontractor, as may be reasonable in light of the purposes of this section and the information available to the Administrator. If the Administrator determines that materially-false information was submitted on a statement of qualifications filed with the Village, the Administrator shall cancel the qualification of such contractor or subcontractor, and such contractor or subcontractor shall be ineligible for qualification for one year from the date of cancellation. Written notice of any action taken under this subsection shall be provided to the contractor or subcontractor.

(k)

Appeal. Any person aggrieved by any determination made by the Administrator pursuant to this section may appeal such determination to the Village Board by filing with the Village Administrator or the Village Administrator designee a notice of appeal specifying with particularity the determination appealed from and all specific grounds for believing that the Administrator's determination is erroneous. Any such notice of appeal shall be filed within 30 days after the date of the Administrator's written determination. The appellant shall pay to the Clerk/Treasurer, at the time of filing the notice of appeal, an appeal fee of $25, or such other amount as may be set periodically by resolution of the Village Board, to help defray the costs of appeal. A properly filed appeal shall be given a public hearing before the Village Board. The appellant shall be given not less than 10 days' advance written notice of the date, time and place of the hearing. The appellant may be represented by counsel at the hearing, may present evidence and argument relevant to the issues raised by the notice of appeal, and may question witnesses called to support the Administrator's determination. The Administrator may also present evidence and argument in favor of the determination, and question witnesses called to support the appellant's position. The appellant shall have the burden of proving that it is qualified and that any conditions imposed on its qualification are not reasonable. The Village Board may reverse, affirm or modify the determination of the Administrator, and the Board's decision shall be final. The Village Board shall promptly notify the appellant of its findings in writing.

(l)

Confidentiality. Pursuant to Wis. Stats. § 66.0901(2), the contents of any statement of qualifications or any related information, including any additional, updated or supplemental information, filed by a person pursuant to this section shall be confidential and shall not be disclosed except upon the written order of such person, or for necessary use by the Administrator or the Village Board in qualifying such person, or in cases of legal or administrative action against or by such person, or against or by the Administrator or the Village.