Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1909-07-14
No 2a5. ST Published NAV 81 1000
CHAPTER 1874, LAWS OF 1909.

liar I6h 1S4, LAWS OF 1909.
AN ACT to amend section 925-lfsa Of
me statutes relating TO authorizing the
BOARD OF education in cities of the third
c'nss TO nave charge of erecting schooi
buildings 10 such cities, and giving the
same privilege to the board of education
In cities of the fourth class
The people of the State of Wisconsin. rem
resented IN Senate and Assembly, do en-
Section l. Section 925-11sa In ali
cities OF the third and fourth class the ex-
pehdlture or all sums OF money appropri.
ateu Tor the purchase Of a school Site or
sites or for the erection, enlargement al.
teration, or repair of school buildings and
LOT the maintenance of schools, shall be IN
ger the direction and authority of the
board of education. Whenever the esti-
mated cost of the buildings to be erected
charged; altered or repaired exceeds one
thousand dollars the board of education
shaIi make, or cause to be made plans anC
specifications setting forth clearly and In
detall the work to be done and the materiai
10 be used and an estimate of the cost OF
the same. After these plans and estimates
nave been adopted by the board and an
proved by the common council said board
snail give at least ten days notice BY ad-
yertisement in the official city paper or In
one designated by the common council Of
me reception OF bids for the execution of
the proposed work.
All bids must be sealed and accompanied
by a satisfactory bond in such sum as may
oe designated IN the advertisement for bids.
signed by the bidder and two or more sure
ties, who shall be residents Of this state
and who shall Justify as to their respoDsi-
bility and by their several affidavits show
that they are worth in the aggregate at
least double the amount of the bond In
property not by law exempt from execution
IN this state, or by bond of surety com
pany duly licensed to transact business in
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
Will enter into a contract with the reouijed
sdreties; 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 lreties, said bond shall
be prosecuted In the name of said city and
Judgment recovered thereon for the full
amount of the penalty thereof as liquilated
damages. in any court having jurisdiction
Of the actie1. unless The common council
shall " resolution Nrect 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 fnay be
received by said board in liey of TIE bond
hereinbefore provided for 9fhe power to
reject any and all bids shall be deemed TO
exist unless expressly waived.
All contracts entered into under this pro.
vision shall be let TO the lowest bidder.
except as hereinafter provided Whenever
the lowest bid for any work to be let by
the board shall exceed the estimates
seem to said board TO be unreasonably high.
the board is authorized e. re1ec. all bids
and TO re-advertise the WORK anew or
whenever no proper bids shall be received,
or whenever the lowest bid exce,ids 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 a schedule of all the bids received
together with such recommendations as the
board shall choose TO make with their rea-
sons therefor, aud the common council may
authorize the board to let the work to the
lowest competent and reliable bidder;
the council by vote of two-thiFds of all Its
4. h.
the work done under the supervision OF
such person or persons as the board may
deuignate.
written or printed contract shall be
entered into for the completion of the work
with bond in such sum as the board may
desig1 ate for its full performance. Said
bond hall be executed by two or more sure
ties for the contractor. guaranteeing to the
81 tisfaction of said board the performance
" such contract by the contractor under
the, supervision and. to the satisfaction q
make affidavit that he is a resident Of the
state of wisconsin. and that he is the
owner of real estate In the state of Wis
consin, free from membranes, subject TO
execution of a cash value equal to the
penal sum of such bond. and that he Is
worth the estimated amount of money to
be paid on such contract, over and above
all his debts and liabilities, In property IN
this, state subject TO execution, or BY
bend 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
pc 'formance of such contract or doing Of
the work specified therein; and the right.
in case of improper or imperfect perform
ance thereof. 10 suspend such work at any
time or 10 order the entire reconstruction
Of the same, Ii Improperly done or 10 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 lts
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 ana secure mate
rial for tie completion of the same, and
charge the c, Il to the contractor.
And power IS hereby given to the said
board 10 adjust and determine all ques-
lions as 10 the amount earned under any
contract by the contractor or contractors
according to the true Intent ans meaning
OF the contract such adjustment ana ue,
termination by said board shall be reported
by the board TO the common council, ana
when approved by said council shall be
final between the parties and binding upon
them. If tie amount OF damages TO Oe
paid to the city shall exceed the amount
due from the city TO the contractor or
contractors according to such determine
ton and adjust lent then the difference. or
balance in favor Of the city, according 70
such determination and adjustment, snail
b,s recoverable by law in an action In the
name of the city against sach contractor,
or contractors. and their sureties 10 any
court having Jurisdiction,
Fvpry contract with the city she'll also
contain q covenant or agreement on the
mart of the contractor or his SaFetleS. tuaJ
In case sRch contractor shall fail to fully
complete and perform such contract with
In the time therein limited for the per.
fornance thereof such contractor shall
pay to the city SIS liquldated damages for
such default a certain and definite sum for
each DAYS delay In completing the con-
tract after ghe time therein limited for It's
completion. which daily sum shall be de-
terrnined and fixed By said board before the
contract for the work shall be let and
shall be stated Ia the advertisement Tor
proposals for the work, and shall De ID
serted in the contract and shall in no case
be less than one-haf Of one per cent OF TIE
aggregate cost OF the work embraced IN
said contract.
PAYMENTS may Re made at Intervals as
the work progresses. but no more tnan
eighty per cent ~ The value g me Work
actually done and material furnished slaIi
BE- paid az any time before tue entire com
pleTlon Of the work
The board 81 education shall have au-
tnoritv 10 employ q competent person Or
persons for he supervision q the WORK
Ia any cit of the thirG an0 fDurtH class
the ,v5rnrsnn Council may adopt this Sub
section as provided in sectian s@6. chapter
400. statutes Of ls9e
section Ans acts OF parts o. acts
aFprtEnE any cirv adopting this subsection.
inconsistent wlth the pfuyistous Of this
act are heTehy repeated
Saer4bn Z This net shalt take eject and