[HISTORY: Adopted by the City Council of the City of Edgerton 3-1-1993 by Ord. No. 2-93 (Ch. 11 of the 1993 Municipal Code). Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
All public construction, the estimated cost of which exceeds $25,000, shall be let by contract to the lowest responsible bidder; all other public construction shall be let as the City Council may direct. The City Council may also, by a vote of three-fourths of all the members-elect, provide by ordinance that any class of public construction or any part thereof may be done directly by the City without submitting the same for bids.
A. 
Escalator clauses. Contracts may include escalator clauses providing for additional charges for labor and materials if, as a result of general inflation, the rates and prices of the same to the contractor increase during performance of the contract. Such escalator provision shall be applicable to all bidders and shall not exceed 15% of the amount of the firm bid nor the amount of the increase paid by the contractor. Each bid on a contract which is to include an escalator provision shall be accompanied by a schedule enumerating the estimated rates and prices of items of labor and materials used in arriving at the bid. Only as to such items as are enumerated shall an increased charge by allowed the contractor.
B. 
Exception as to public emergency. The provisions of § 117-1 of this chapter and of § 281.41, Wis. Stats., 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 City Council, in which the public health or welfare of the City is endangered. Whenever the City Council determines by majority vote at a regular meeting or special meeting that an emergency no longer exists, this subsection no longer applies.
C. 
Increased quantity clauses. Contracts may include clauses providing for increasing the quantity of construction required in the original contract by an amount not to exceed 15% of the original contract price.
When the work is required or directed to be let to the lowest responsible bidder, the City Council shall prepare plans and specifications for the same, containing a description of the work, the materials to be used and such other matters as will give an intelligent idea of work required, and file the same with the City Administrator for the inspection of bidders, and shall also prepare a form of contract and bond with sureties required, and furnish a copy of the same to all persons desiring to bid on the work.
After the plans, specifications and form of contract have been prepared, the City Council shall advertise for proposals for doing such work by publishing a Class 2 notice, under Ch. 985, Wis. Stats. No bid shall be received unless accompanied by a certified check or bid bond equal to at least 5% but not more than 10% of the bid payable to the City as a guaranty that if his bid is accepted he will execute and file the proper contract and bond within the time limited by the City. If the successful bidder so files the contract and bond, upon the execution of the contract by the City the check shall be returned. In case he fails to file such contract and bond, the amount of the check or bid bond shall be forfeited to the City as liquidated damages. The notice published shall inform bidders of this requirement.
The sureties shall justify as to their responsibility and by their several affidavits show that they are worth in the aggregate at least the amount mentioned in the contract in property not by law exempt from execution. A certified check in an amount equal to 5% of the bid and a provision in the contract for the retention by the City of 20% of the estimates made from time to time may be accepted in place of sureties.
If any certified check or bid bond is in substantial compliance with the minimum guaranty requirements of §§ 117-3 and 117-4, the letting authority may, in its discretion, accept such check or bond and allow such bidder 30 days to furnish such additional guaranty as may be required by said authority. Substantial compliance hereunder may be found if said check or bond is insufficient by not more than 1/4 of 1% of the bid.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The power to reject any and all bids shall exist unless expressly waived. The City Council may reject any and all bids if, in their opinion, any combination has been entered into to prevent free competition. The City Council may, if it be of the opinion that any of the bids are fraudulent, collusive, excessive or against the best interests of the City Council, by resolution adopted by two-thirds of its members, reject any or all of the bids received and order the work done by the City directly under the supervision of the City Council and the provisions of § 62.15(5), Wis. Stats., shall apply to the performance of such work.
Whenever any bidder shall be, in the judgment of the City Council, incompetent or otherwise unreliable for the performance of the work on which he bids, the City Council may let the work to the lowest responsible bidder or may readvertise the same, and the failure to let such contract to the lowest bidder in compliance with this chapter shall not invalidate such contract or any special assessment made to pay the liability incurred thereunder.
Any public work, whether chargeable in whole or in part to the City, or to any lot or lots or parcels of land therein, may be done by the use of a patented article, materials or process, in whole or in part, or in combination with articles, materials, or processes not patented, when the City shall have obtained from the owner of the patented article, materials or process, before advertising for bids upon such work as a whole, the right to use the patented article, materials or processes in the contraction of said work, and also to furnish to any contractor the patented article itself upon the payment of what the authorities of said City charged with the duty of letting a contract for such public work shall determine to be a reasonable price therefor, which price shall be publicly stated and furnished upon application to any contractor desiring to bid on said work.
Different plans and specifications for any public work may be prepared by the proper authorities requiring the use of different kinds of materials, whether patented or not, thereby bringing one kind of article, material, or process in competition with one or more other kinds of articles, materials or processes designed to accomplish the same general purpose, and bids received for each such kind of article, material or process, and thereafter a contract let for one kind of article, material or process, provided that before any contract is let all the bids received shall be opened and considered before the kind of article, material or process to be used in such work shall be decided upon by the proper City authorities, and thereupon the proper City authorities shall first determine which kind of article, material or process shall be let to the lowest responsible bidder for the kind of article, material or process so selected for use in the proposed public work.
Any contract for doing public work may contain a provision requiring the contractor to keep the work done under such contract in good order or repair for not to exceed five years. The inclusion in the contract of any such provision shall not invalidate any special assessment or certificate thereof or tax sale certificate based thereon.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
As the work progresses under any contract for the performance of which a surety bond has been furnished, § 66.0901(9)(b), Wis. Stats., shall apply. All contracts shall contain a provision authorizing the City Council, in case of work under any contract is defaulted or not completed within the time required, to take charge of or authorize the surety to take charge of the work and finish it at the expense of the contractor and the sureties, and to apply the amounts retained from estimates to the completion of the work. In no case shall the 5% deposit described in § 117-4 be returned to a successful bidder until the contract is performed but it, together with the retained amounts, shall be sued in whole or in part to complete the work. Any amount remaining from the deposit or from retained estimates after the completion of a contract shall be paid to the contractor.
All contractors doing any work which shall in any manner obstruct the streets or sidewalks shall put up and maintain barriers and lights to prevent accidents, and be liable for all damages caused by failure so to do. All contracts shall contain a provision covering this liability, and also a provision making the contractor liable for all damages caused by the negligent digging up of streets, alleys or public grounds, or which may result from his carelessness in the prosecution of such work.
All contracts shall be signed by the Mayor and City Administrator unless otherwise provided by resolution or ordinance, and approved as to form by the City Attorney. No contract shall be executed on the part of the City until the Comptroller shall have countered the same and made an endorsement thereon showing that sufficient funds are in the treasury to meet the expense thereof, or that provision has been made to pay the liability that will accrue thereunder.
Whenever the City Council shall have provided by ordinance that any class of public work or any part thereof may be done directly by the City without submitting the same for bids as provided in § 117-1, and any such public work shall be done in accordance with such ordinance, the City Council shall keep an accurate account of the cost thereof, including the necessary overhead expense. Upon the completion of such work the City Council shall compile a complete report thereof, stating in detail the items or cost and total cost of doing such work, and the City Administrator shall publish such report as part of the proceedings of the City Council. Any member of the City Council who fails to comply with the provisions of this section shall be liable for a forfeiture of $50 to be recovered as in case of other penalties.
This chapter is adopted by the City Council as a complete alternative to the requirements established by § 61.14, Wis. Stats.