(a) Definitions. In this Section the following definitions shall be applicable:
(1) Public Contract.
A contract for the construction, execution, repair, remodeling or improvement of any public work or building of a municipality or for the furnishing of materials or supplies.
(2) Responsible Bidder.
A person or company who, in the judgment of the Village Board, is financially responsible and has the capacity and competence to faithfully and responsibly comply with the terms of the public contract.
(b) Public Works Projects. Pursuant to Sec. 61.54, Wis. Stats., all contracts for public construction shall be let by the Village Board pursuant to Sec. 62.15, Wis. Stats.. The Village Board, or person or body designated by the Village Board, shall exercise the powers and duties of a board of public works under Sec. 62.15, Wis. Stats. Sec. 62.15, Wis. Stats., shall apply to a village in the same manner as to a city.
(c) Notice or Advertisement for Bids.
(1) Public Contracts of More Than $25,000.00.
Except as provided in Subsections (d) and (e) below, the Village of Edgar may not enter into a public contract unless the Village Board, or a Village official or employee designated by the Village Board, advertises for proposals to perform the terms of the public contract by publishing a Class 2 notice under Ch. 985, Wis. Stats. The Village Board may provide for additional means of advertising for bids. Per Subsection (a)(!) above, this advertising requirement does not apply to the purchase of equipment; it applies only to public works and the purchase of materials and/or supplies expected to cost more than Twenty-Five Thousand Dollars ($25,000.00).
(2) Public Contracts of $5,000 - $25,000.
The Village of Edgar may enter into a public contract with an estimated cost of more than Five Thousand Dollars ($5,000.00) but not more than Twenty-Five Thousand Dollars ($25,000.00) only if the Village Board, or a Village official or other person designated by the Village Board, first gives a Class 1 notice under Ch. 985, Wis. Stats., before execution of that public contract. This notice requirement shall not apply to public construction if the project materials are donated or if the labor for such project is provided by volunteers.
(d) Contracts to Lowest Responsible Bidder. The Village Board shall let a public contract for which advertising for proposals is required under Subsection (b) above to the responsible bidder most advantageous to the Village. Sec. 66.0901, Wis. Stats., applies to public contracts let under this Section. Per Sec. 62.15(e), Wis. Stats., construction by a private person of an improvement which is donated to the Village after completion of construction is exempt from municipal public construction bidding requirements. The Village Board determines that all motions involved with the awarding of a contract to an individual or a company for public construction shall contain the following information:
(1) Description of services to be rendered.
(2) Name of individual or company receiving the contract.
(3) Total dollars of contract.
(4) Any pertinent information regarding the project such as method of payment, etc.
(e) Exceptions for Emergencies. This Section and Sec. 62.15(1), Wis. Stats. are optional with respect to public contracts for the repair and construction of public facilities when damage, or threatened damage, to the facility creates an emergency, as declared by resolution of the Village Board, that endangers the public health or welfare of the Village of Edgar.
(f) Construction by the Village. Any class of public construction may be done directly by the Village without submitting the same for bids provided that the same is authorized by a vote of three-quarters (3/4) of all members-elect of the Village Board. This exemption only applies where Village employees perform the actual project work. Pursuant to Sec. 66.0901(1l)(b), Wis. Stats., the Village shall not use Village employees on a project for which a private party is financially responsible.
State Law Reference:
Secs. 61.54, 62.15, and 66.0901, Wis. Stats.
Cross-Reference:
Section 6-2-16.