This chapter is adopted pursuant to authority granted by § 66.0901
and § 61.34, Wis. Stats.
The purpose of this chapter 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 chapter shall be known, referred to and cited as the "Contractor Qualification Ordinance of the Village of Somers" or as "Chapter
22 of the Code of the Village of Somers."
The provisions or this chapter shall be interpreted to be minimum requirements and shall be liberally construed in favor of the Village. Headings are provided in this chapter for convenience and ease of reference; they shall not be interpreted to limit the applicability, purpose, effect or meaning of any of the provisions of this chapter. Any word or phrase defined in §
22.05 of this chapter shall have the meaning stated therein. Undefined words or phrases shall have their common, ordinary meaning unless some other meaning is clearly implied by the context in which the particular word or phrase appears. As used in this chapter, "shall" is mandatory, and "may" is permissive.
The following words or phrases, as used in this chapter, shall
have the meanings set out below:
(A)
ADMINISTRATOR — The Village Administrator and/or such
other Village staff members or officials as may be designated as the
administrators of this chapter 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 chapter.
(B)
PUBLIC IMPROVEMENT PROJECT — Any project within the Village,
or undertaken by or on 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.
(C)
PERSON — Any individual, corporation, partnership, association,
trust, body politic or corporate, or any other legal entity.
(D)
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.
(E)
VILLAGE — The Village of Somers.
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 Chapter. Subject to §
22.07 below, 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 chapter.
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 chapter shall be exempt from this
chapter 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 chapter 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 when such contractor
or subcontractor was duly qualified.
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 pubic 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, a fee of
$75 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 statement of qualifications shall be signed and sworn to
under oath, in the presence of a notary public or other officer authorized
by law to administer oaths, by the applicant or by a representative
of the applicant with personal knowledge on behalf of the applicant.
(A)
The statement of qualifications shall contain the following
minimum information:
(3)
Applicant's telephone number;
(4)
Number of years the applicant has been in business under the
present name (and the applicant's prior business name if the
name has been changed within five years);
(5)
Type of entity the applicant is (if the applicant is a corporation,
state when and in what state incorporated);
(6)
Categories of work for which qualification is sought and the
number of years of applicant's experience as a principal contractor
and as a subcontractor in each such category;
(7)
Names, addresses and telephone numbers of all officers, general
partners or other principals;
(8)
List of all projects started during the past five years, including,
with respect to each project, the year, category of work, capacity
in which the work was undertaken, contract amount, location of work,
and name, address and telephone number of the person for whom the
work was performed;
(9)
Experience of all principal and supervisory individuals, including
the following: name, present position, years of experience by categories
of work, and capacity in which such work was performed;
(10)
Major pieces of equipment owned and available when needed, including,
with respect to each, the name, description, condition and years of
service;
(11)
Whether the applicant has failed, during the past five years,
to complete satisfactorily and on time any work awarded to it or contracted
for by it, and, if so, the full details of each such incident;
(12)
Whether any officer, general partner or other principal or supervisory
individual associated with the applicant was an officer, general partner,
principal or supervisor of any other contractor or subcontractor,
during the past five years, when such contractor or subcontractor
failed to complete, satisfactorily and on time, a construction contract,
and, if so, details of each such incident;
(13)
Whether the applicant or any of its officers, directors, general
partners or other principal or supervisory individuals have a financial
interest in any other contractor or subcontractor qualified to work
on public improvement projects in the Village, and, if so, the full
details of any such interest;
(14)
Whether the applicant has asked to be relieved of a bid submitted
by it to a public awarding authority during the past five years, and,
if so, the full details of each such incident;
(15)
Whether the applicant has been relieved of a bid submitted by
it to a public awarding authority during the past five years, and,
if so, the full details of such incident;
(16)
Whether the applicant has ever been charged with or convicted
of a violation of any wage schedule, and, if so, the full details
of each such incident;
(17)
Whether the applicant or any of its officers, general partners
or principal or supervisory individuals has been charged with or convicted
of a felony during the past five years, and, if so, the full details
of each such incident;
(18)
Names, addresses and telephone numbers of bonding companies
used by the applicant during the past five years and the amount and
issuer of the largest bond provided during such period;
(19)
Whether any bonding company has, during the past five years,
taken over a contract or made any payments because applicant failed
to carry out a contract or performed it unsatisfactorily, and, if
so, full details of each incident;
(20)
List borrowings during the past five years, including the name
of the bank or lending institution, the maximum amount borrowed at
any time during such period and the nature of the collateral furnished;
(21)
List lines of credit available to the applicant, including name
of the bank or financial institution, and the amount of credit;
(22)
Whether the applicant contemplates any change in its capital
structure or any substantial increase or decrease in its equity capital,
and, if so, the full details;
(23)
Names, addresses and telephone numbers of municipalities and
state agencies which have qualified the applicant during the past
five years;
(24)
Provide a current balance sheet, together with the name of the
preparer, and whether the assets listed are pledged, mortgaged or
assigned;
(25)
Average number of individuals employed by the applicant during
the past year, in each of the following categories: skilled construction,
unskilled construction, office; and
(26)
Summary of any litigation in which the applicant has been involved
during the last five years, including, with respect to each case,
the caption, court, case number, name of opposing party or parties,
nature of claims by or against the applicant, the outcome or status
of the case and the identity of the attorneys representing the applicant
and the opposing party or parties. Separately list any litigation
within the past five years which has involved a public improvement
contract.
(B)
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 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.
The following are the categories of public improvement projects
on which contractors and subcontractors may be qualified to perform
work pursuant to this chapter:
(A)
General Street Construction. The construction and performance
of a complete unit of street improvement work, including without limitation
grading, subbase work, base course, structures, asphaltic or concrete
pavement and related work, or any combination thereof.
(B)
Grading. The movement of earth, the construction of earthwork
and related work.
(C)
Concrete Pavement. The construction of concrete pavement and
related work.
(D)
Asphaltic Pavement. The construction of all types of asphaltic
pavement and related work.
(E)
Gravel and Crushed Stone. The construction of crushed aggregate
base course and shoulder and related work.
(F)
Structures. The construction of masonry, steel or timber bridges,
viaducts, culverts, railroad bridges or other similar structures,
and related work.
(G)
Rail Construction and Rehabilitation. The construction or rehabilitation
of a section of track, including all or part of the grading, drainage
structures, ballasting, laying or replacement of rails, ties, turnouts
and crossings, and incidental related items or related work, or any
combination thereof; in granting any qualification relating to this
category, the Administrator may consider the recommendation of the
railroad involved.
(H)
Painting. Work involving the painting of structures.
(I)
Streetlighting. Work involving trenching and underground duct
work, placing of electrical cable on or under the ground, placing
light bases and fixtures, including generators, regulators, transformers
and related equipment, and related work.
(J)
General Building Construction. The construction of a complete
unit of work relating to construction of a public building.
(K)
General Sewer Construction. The construction of a complete unit
of sanitary sewerage system improvements work.
(L)
General Water Main Construction. The construction of a complete
unit of water system improvements work.
(M)
Storm Sewer Construction. The construction of a complete unit
of storm sewer and drainage system improvements work.
(N)
Incidental Construction. Work involving sidewalks, curbs and
gutters, small concrete structures, guardrails, fencing, obtaining
and planting of plant materials, cutting and spraying of weeds, signage,
signals and other work of a minor or incidental character.
The Administrator shall determine whether and with respect to
which categories of public improvement projects an applicant is qualified.
Such determination shall be made 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 chapter such conditions precedent or subsequent
as may be reasonable in light of the purposes of this chapter and
the information available to the Administrator.
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 determinations to qualify an applicant shall be
effective for a period of three years from the date of determination
with respect to qualification. Any determination to qualify an applicant
made by the Town of Somers on or before April 24, 2015 shall also
be valid in the Village for a period of three years from the date
of determination with respect to qualification.
An applicant may file an application to reconsider a prior qualification
determination at any time. The fee for filing an application to reconsider
a 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 on the prior statement
and shall include any new information upon which the application is
based.
If a qualified contractor or subcontractor 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 chapter 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.
Any person aggrieved by any determination made by the Administrator
pursuant to this chapter may appeal such determination to the Village
Board by filing with the Village Administrator or the Village Administrator's
designee a notice of appeal specifying with particularity the 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 mailing to the appellant of the Administrator's written
determination on standard forms approved by the Village Board and
available from the Village Administrator. The appellant shall pay
to the Clerk/Treasurer, at the time of filing the notice of appeal,
a fee of $25 to help defray the costs of appeal. 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 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.
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 chapter 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 court or administrative action
against or by such person, or against or by the Administrator or the
Village.
The Village may institute any appropriate legal actions or proceedings
to enforce the provisions of this chapter by means of injunction,
forfeitures or otherwise, as provided by law. Any person who violates
the provisions of this chapter shall, upon conviction, forfeit not
less than $10 nor more than $500 for each violation, plus the costs
of prosecution. The penalty for default of payment of any such forfeiture
and costs shall be imprisonment in the Kenosha County Jail until payment
thereof, but not exceeding six months. Each day a violation exists
or continues shall constitute a separate violation.