The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1909-07-29
No. 2G5, s. j Published May 81, 1909.
CHAPTER 1914, LAWS OF 1908.

CHAPTER 1914, LAWS OF 1908.
AN ACT to amend section 925-11Sa of
the statutes relating to authorizing the
board OF education in cities of the third
buildings In such cities, and giving the
same privilege to the board of education
nj IN cities Of the fourth class;
resented In Senate and Assembly, do en-
act as follows: -
Section 1. Section 925-118a. In all
cities Of the. third and fourth class the ex-
penditure of all sums of money approprl-
ated for the purchase of school site, or
sites, or for the erection, enlargement, al
feration, or repair Of school buildings and
der the direction and authority Of the
board Of education. Whenever the esti-
mated cost Of the buildings to be erected,
thousand dollars. the board of education
shall make, or cause to be made plans and
specifications setting forth clearly and in
to be used and an estimate Of the cost of
the same. After these plans and estimates
have been adopted by the board and ap-
proved by the common council said board
vertisement In, the official city paper, or In
one designated by the common council, of
the reception OF bids for the execution Of
All bids must be sealed and accompanied
by satisfactory bond In such sum as may
be designated In the advertisement for bids,
ties, who shall be residents Of this state,
and who shall Justify as to their response
bility and by their several afidavits show
that they are worth In the aggregate at
property not by law exempt from execution
In this state. or by bond Of a surety COM
this state, such bond and sureties to be APP
proved by the board previous to the open
Ing Of the accompanying bids or proposals,
and shall be conditioned that the bidder
tylfn fn1
sureties, for the price mentioned in his
proposal and according to the plans and
specifications on file. in case the contract
shall be. awarded to him; and in case of
failure on his part to execute a contract
with satisfactory sureties, said bond shall
be. prosecuted in the name Of said city and
amount of the penalty thereof as liquidated
damages, In any court having Jurisdiction
of the action unless the common council
shall by resolution direct that no action be
commenced provided that certified check
for not less than five per cent. of the esti-
mated cost of said proposed work may be
received by said board in lieu Of the bond
reject any and all bids shall be deemed to
exist unless, expressly waived.
All contracts entered into under this pro-
except as hereinafter provided. Whenever
the lowest bid for any work to be let by
the board shall exceed the estimates. or
seem see 60 SAG 5G Ha;ect a bds
and to re-advertise the work anew: or
whenever, no proper bids shall be received,
or whenever the lowest bid exceeds the
estimate or the lowest bidder shall be in
the Judgment of said board incompetent,
or otherwise unreliable for the perform
ance Of the work for which he bids. the
said board shall report to the common
council schedule Of all the bids received
together with such recommendations as the
board shall choose to make with their rea-
SONS therefor, and the common council may
authorize the board to let the work to the
lowest competent and reliable bidder: or
the council by vote OF two-thirds of all It's
the work done under the supervision of
such person or persons as the board may
designate. l..
A written or printed contract shall be
with bond in such sum as the board may
designate for Its full performance. SAID
bond shall be executed by two or more sure
ties for the contractor, guaranteeing TO 1 Ine
of such contract by the contractor under
the supervision and to the satisfaction Of
said board, each of which sureties snail
make affidavit that he is resilient OF the
state G. Wisconsin, and that he Is the
owner {. real estate in the state OF WIS
consin, free from membranes, SUBJECT TO
execution Of q cash value equal to the
penal sum of such bond, and that ne Is
worth the estimated amount OF money to
be paid on such contract, over ana apoEe
all his debts and liabilities, In property in
this state subject to execution, or by a
bond of a surety company duly licensed to
do business in this state.
The said board shall reserve in every
contract the right to determine finally the
performance of such contract or doing OF
the work specified therein; and the right,
in case of improper or Imperfect perform
ance thereof to suspend such work at any
time; or to order the entire reconstruction
Of the same, If improperly done or to relet
the same to some other competent party
and also the right, in case such work shall
not be prosecuted with such diligence and
with such number of men, as to insure It's
completion within the time limited by the
contract, to suspend such work and to re-
let the same to some other competent
party or to employ men. and secure mate
rial for the completion Of the same. and
charge the cost to the contractor.
And power Is hereby given to the said
board to adjust and determine all ques-
lions as to the amount earned under any
according to the true intent and meaning
Of the contract; such adjustment and de-
termination by said board shall be reported
by the board to the common council, and
final between the parties and binding upon
them. If the amount of damages to- be
paid to the city. shall exceed the amount
due from the city to the contractor. or
contractors, according to such determine
tion and adjustment. then the difference, or
balance in favor of the city, according t9
be recoverable by law in an action IN the
name of the city against such contractor,
or contractors and their sureties in any
court having jurisdiction.
Every contract with the city shall also
contain a covenant or agreement on the
part of the contractor or his suret1es, that
In case such contractor shall fail TO IuIiy
complete and perform such contract Wltn-
in the time therein limited for the per,
Torrance thereof such contractor snali
pay to the city as liquidated damages dor
such default, a certain and definite sum Ior
each days delay in completing the c9r7
tract, after the time therein limtted Tor us
compilation. which daily sum shall be de-
terniined and fixed by said board before the
CONTRACT for the work shall be let ana
shall be stated in the advertisement for
proposaIs for the work. and shall be In
serted in the contract. and shall in no case
be less than one-half Of one per cent OF the
aggregate cost of the work embraced Al
said contract
Payments may be made at Intervals a rs
the work progresses, but no more Qh 1vorlr
eighty per cent. of the value OF tnSS hoI1
actually done and material furnls4ttGu com
be paid at any time before the en''-N
pletion of the work. -, 1uo ar
The board of education snall 0nrsnn ~,
thority to employ a conil COMPS of +ba work
nersons for the supervision Oh Tue MolH.
Pc IN a,v citv of the third and fourtn class
+ha cornron council may adopI TINS SUD-
section as provided in section go, cn2pter
4Ob statutes of 1850
: section .. Any acts or parts Of acts
ee"etin@ INV city adopting this subsection
inconsisfent with the provisions Of this
oct oct are Hereby repealed.
Section g. This act shall take effect and
be in force from and after It's passage and
publication.