[HISTORY: Adopted by the Village Board of
the Village of Pleasant Prairie 5-2-1988 as Ch. 27 of the 1988 Code. Amendments
noted where applicable.]
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 Pleasant Prairie" or as "Chapter 150 of the Code of the Village of Pleasant Prairie."
The provisions of 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 § 150-5 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 suggested by the context in which a 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:
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, in its discretion, may perform, in the first
instance, any function delegated to the Administrator by this chapter.
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.
Any individual, corporation, partnership, association, trust,
body politic or corporate, or any other legal entity.
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.
The Village of Pleasant Prairie.
[Amended 2-6-2012 by Ord.
No. 12-11]
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, unless such person is properly qualified pursuant to this chapter. Additionally, subject to § 150-7 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.
[Amended 12-15-1997; at time of adoption of Code (see Ch.
1, General Provisions, Art. II)]
Any person who wises 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, 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 Treasurer, at the time of application,
a fee as established in the Village Fee Schedule 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:
(1)
Applicant's name;
(2)
Applicant's address;
(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 following 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 each 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.
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,
furnishing 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 until the following December 31.
[Amended 12-15-1997]
Any qualified contractor or subcontractor can maintain continuous qualified status by filing with the Administrator the application and statement of qualifications required by § 150-8, above, and by paying to the Village Treasurer the application fee of one-half the original fee required by § 150-8 on or before December 1. The Administrator shall process all applications for qualification received by December 1 before processing any applications received after December 1. Any application filed by a qualified contractor or subcontractor in accordance with this section shall continue the qualified status of such contractor or subcontractor until the Administrator makes a new determination, whether or not such determination is made before January 1, but any qualified contractor or subcontractor who fails to file by the December 1 deadline risks being unqualified for a period of time after December 31.
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 Treasurer, at the time of filing the notice of appeal,
a fee as established in the Village Fee Schedule 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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
90 days. Each day a violation exists or continues shall constitute
a separate violation.
